Bacon v. Liberty Mutual Ins. Co., No. 08-2935

In an action for breach of contract and fraudulent misrepresentation, district court's dismissal on forum non conveniens grounds is reversed where: 1) the court lacked the power of dismissal under 28 U.S.C. sec. 1404(a) as there is an alternative federal forum in Nebraska and thus this is not a situation in which the common-law doctrine of forum non conveniens has continuing application in federal court; and 2) even if transfer under 28 U.S.C. sec. 1404(a) were unavailable, the court still erred in its application of traditional forum non conveniens principles. 

Read Bacon v. Liberty Mutual Ins. Co., No. 08-2935

Appellate Information
Appeal from the United States District Court for the Southern District of Iowa.
Submitted: March 11, 2009
Filed: August 6, 2009

Judges
Before MURPHY, MELLOY, and SHEPHERD, Circuit Judges.
Opinion by SHEPHERD, Circuit Judge