PUTTING THE "CONVENIENCE" BACK IN FORUM NON CONVENIENS: GUTIERREZ V. ADVANCED MEDICAL OPTICS, INC

Forum non conveniens is a powerful judicial doctrine that allows a court to refuse to hear a case even when it has proper jurisdiction. This note examines the US Court of Appeals for the Ninth Circuit's decision in Gutierrez v. Advanced Medical Optics Inc, analyzing it in light of the doctrine of forum non conveniens and the decisions of other federal courts. Part I sets forth the facts and procedural history of the case. Part II argues that the Ninth Circuit misinterpreted a key element of the forum non conveniens doctrine in Gutierrez, leading the court to apply a stricter standard than required by Supreme Court precedent. This note concludes that the Ninth Circuit should have used Gutierrez as a vehicle for requiring return jurisdiction clauses in forum non conveniens dismissals because such clauses increase judicial efficiency and fairness to the parties, both of which are important goals of the forum non conveniens doctrine.