1. Litigating in a foreign jurisdiction can be a potential legal problem for U.S.-based product manufacturers and service providers doing business in Latin America.
2. Claimants may initiate litigation in a foreign country, but defendants often find themselves litigating in Florida state or federal courts.
3. Defendants faced with litigation in Florida courts must make critical decisions early in the process. – Courts make choice of law determinations on an issue-by-issue basis, so it is critically important to evaluate and recognize up-front what those issues are and what the most likely outcome might be in terms of applicable law.
– Latin American countries have vastly different legal systems than the U.S., many of which are Civil Code states, meaning they do not follow the common law as courts do in the U.S.
– Florida may offer certain protections that may not be available in a foreign jurisdiction, such as abolishing joint and several liability and allowing defendants to apportion fault amongst individual tortfeasors. – Foreign jurisdictions may allow for economic damages that may not be recoverable in certain US jurisdictions.
– Choice of forum remains an important consideration for litigants, as it can affect the potential damages that can be claimed.
– Defendants may consider seeking a change of forum, but this decision should be carefully weighed as dismissal may lead to the litigation beginning in a potentially more hostile environment. – Access to documents located outside the U.S. may be difficult.
– Many countries follow the Hague Convention, which can make obtaining non-party documents difficult and time-consuming.
– Local counsel may be able to help expedite the process and gain quicker access to certain publically-available materials.
– The use of English documents is required in U.S. courts, and translation costs for foreign-language documents can be steep.
https://www.rumberger.com/insights/litigating-in-foreign-jurisdictions-vs-in-florida/
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