DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
192794P.pdf 04/28/2021 Ahmad Hersh v. CKE Restaurants Holdings, Inc.
U.S. Court of Appeals Case No: 19-2794
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Smith, Author, Loken and Melloy, Circuit Judges]
Civil case - Civil Procedures. In this case plaintiffs' six-year-old child
was electrocuted when he touched a live wire at a Hardee's restaurant in
Amman, Jordan, and Hardee's moved to dismiss on the doctrine of forum non
conveniens, asserting Jordan was the appropriate forum. The district court
dismissed on that basis, and plaintiffs appeal, arguing the motion was
untimely. The circuits take different approaches in determining whether a
motion to dismiss for forum non conveniens is timely, but under either
approach, this motion, coming 18 months after the case was commenced, came
too late, and the district court erred in dismissing the case; reversed
and remanded for further proceedings.