PAIN, PERSONAL REPRESENTATIVE OF THE ESTATE OF PAIN, ET AL.

v.

UNITED TECHNOLOGIES CORP.

Citator

Cited By (51 total)

• Kinney Sys., Inc. v. The Cont'l Ins. Co., 674 So. 2d 86 (Fla. 1996)
  …urts clearly places great emphasis on fairness to the “private interests” of the parties — while also recognizing that these interests are not the only ones at stake. See Pain v. United Technologies Corp., 637 F. 2d 775 (D.C.Cir.1980), cert. denied, 454 U.S. 1128, 102 S.Ct. 980, 71 L.Ed.2d 116 (1981). The United States Supreme Court has described the “private interests” addressed by the federal doctrine in the following terms: Important considerations are the relative .ease of access to sources of proof; a…
• Cardoso v. FPB Bank, 879 So. 2d 1247 (Fla. 3d DCA 2004)
  …FPB Bank affiliate in Miami. A trial court presented with a motion to dismiss on the basis of forum non conveniens engages a four-step analysis, originally set forth in Pain v. United Technologies Corp., 637 F. 2d 775 (D.C.Cir.1980), cert. denied, 454 U.S. 1128, 102 S.Ct. 980, 71 L.Ed.2d 116 (1981), and adopted by the Florida Supreme Court in Kinney System, Inc. v. Continental Ins. Co., 674 So. 2d 86 (FIa.1996): [*1249] (1) As a prerequisite, the court must establish whether an adequate alternative forum e…
• Oriel Tananta v. Cruise Ships Catering & Servs. Int'l., N.V., 909 So. 2d 874 (Fla. 3d DCA 2004)
  …vantaging some of its own residents — a result clearly not intended”).6 In Kinney, the Florida Supreme Court adopted the federal doctrine of forum non conveniens as outlined in Pain v. United Tech. Corp., 637 F. 2d 775 (D.C.Cir.1980), cert. denied, 454 U.S. 1128, 102 S.Ct. 980, 71 L.Ed.2d 116 (1981). However, it is also equally clear that because of its heavy reliance on Pain, the Florida Supreme Court declined to adopt the federal choice of law venue analysis that precedes and predetermines whether to app…

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