Shareholders Scott Atherton and Terry Mullen obtained reversal of a dismissal based upon forum non conveniens in a unanimous decision issued by the 11th Circuit Court of Appeals. In Fresh Results, LLC v. ASF Holland, B.V., 921 F.3d 1043 (11th Cir. 2019), the Court “expressly disavow[ed]” the “equipoise standard” which federal trial Courts had employed for nearly two decades to analyze forum non conveniens motions—a standard which derived from the 11th Circuit’s prior decision in La Seguridad v. Transytur Line, 707 F.2d 1304, 1307 (11th Cir. 1983). Please join us in congratulating Scott and Terry not only for prevailing on this appeal, but also for clarifying the standard for how forum non conveniens motions shall be determined in the 11th Circuit going forward
