Cross-Border Torts: Canadian-US Litigation Strategies
Publisher: LexisNexis Canada
For Canadian litigation lawyers who are confronted with the question of whether to sue in the U.S. or in Canada, finally here is a book which offers guidance for evaluating the best forum and identifying the relevant factors.
Often, in cases with contacts in multiple jurisdictions, lawyers are tempted to initiate proceedings in the jurisdiction they know best. While such an approach is convenient for the lawyer, it may not be the best choice for the client who presents with a problem involving a complex, multijurisdictional fact pattern.
Authored by an expert with practical experience in U.S.-Canadian litigation issues, and years' of experience in assisting Canadian lawyers deal with the challenges of litigating in the U.S., this is the only Canadian text which focuses exclusively on cross-border tort actions. Combining the principles of conflicts of law, doctrines of res judicata and forum non conveniens with a comparative review of the juridical advantages offered by U.S. jurisdictions adjacent to the Canadian border, it shows how to evaluate a case from a jurisdictional standpoint, and make intelligent choices about optimal forum selection.Provides Solutions to Cross-Border Issues
Offers Help in Evaluating Case from a Jurisdictional Standpoint
- Learn how to determine the best forum for the case
- Find out about causes of action not available in Canada
- Review advantageous pre-trial and trial procedures in U.S. courts
- Assess the most likely forum to offer a favourable outcome
Covers Substantive, Procedural and Jurisdictional Issues
- Would the application of U.S. law be beneficial to a client's multijurisdictional case?
- If so, how will the chosen forum court evaluate whether U.S. law should be applied to the case?
- If American law is beneficial to a client's case, and a suit is filed in the U.S., what challenges does one face in keeping one's suit there as a Canadian plaintiff?
Who Should Read This Book
- Increases awareness that a cross-border case is almost always more than the sum of its U.S. and Canadian parts, and that it raises special considerations which should be addressed early in the litigation process
- Helps level the playing field in cross-border tort litigation as between Canadian plaintiffs and American defence counsel (who might have better knowledge about the nuances of cross-border litigation)
- Looks at issues of comparative law, conflicts analysis and jurisdictional principles, and synthesizes them into one convenient, practical work
Table of Contents
- Litigation lawyers ¬– Determine the best forum for your client's case, with practical tips and strategies to help you conduct your cross-border action
- Legal academics & researchers –¬¬¬ Reference work for the study of advanced torts and conflict of laws
Introduction – Considering Cross Border Torts
Section 1: Where Can I Sue? – A Few Brief Words on Personal Jurisdiction and Territorial Competence
Section 2: Where Should I Sue? – Introducing Conflict of Laws
Section 3: Can I Keep My Case Where I Want It? – The Doctrine of Forum Non Conveniens
is a member of the Washington State Bar with a track record of significant practical experience in U.S.-Canadian litigation issues, having represented clients in both the plaintiff and defence contexts. A frequent lecturer and author on these and other civil litigation topics, Wyatt lives and works in Victoria, British Columbia. He is a member of the Trial Lawyers Association of British Columbia, sits on their Wrongful Death Reform Committee, and serves on the editorial board of their magazine, The Verdict.
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