Nevada Supreme Court Holds that Sister-state-resident Plaintiff’s Choice of Nevada Forum Is Entitled to Lesser Deference
By Paul V. Esposito
A Texan’s choice of Nevada to sue a Nevadan defendant arising out of an accident in Texas is entitled to less deference than a similar choice of a Nevada resident. Pepper v. C.R. England, 2023 Nev. LEXIS 294 (5/4/23). Defendants moved to dismiss for forum non conveniens. After reversing the trial court’s grant of the motion due to insufficient evidence, the Supreme Court ruled that the forum choices made by a sister-state-resident are entitled to less deference. When a foreign plaintiff sues where she resides, a court may conclude that the forum is convenient. If that same plaintiff sues elsewhere, a court may conclude that strategic reasons, including forum shopping, were involved. Those same assumptions apply to a sister-state-resident’s choices. Greater deference may be given to the choice if the case has bona fide connections to Nevada—a factual issue the Court did not address.
Paul V. Esposito