Gulf Oil Corp. v. Gilbert

In Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 67 S. Ct. 839, 91 L. Ed. 1055 (1947), the United States Supreme Court listed several factors to be considered when deciding the appropriateness of a particular forum. 330 U.S. at 508, 67 S. Ct. at 843. In relevant part, the Court held: "An interest to be considered, and the one likely to be most pressed, is the private interest of the litigant. Important considerations are the relative ease of access to sources of proof; availability of compulsory process for attendance of unwilling, and the cost of obtaining attendance of willing, witnesses; possibility of view of premises, if view would be appropriate to the action; and all other practical problems that make trial of a case easy, expeditious and inexpensive." Id. at 508, 67 S. Ct. at 843. The court in Gilbert also weighed "the relative advantages and obstacles to fair trial." Significantly, the court also held that "the plaintiff may not, by choice of an inconvenient forum, 'vex,' 'harass,' or 'oppress' the defendant by inflicting . . . expense or trouble not necessary to his own right to pursue his remedy." Id. at 508, 67 S. Ct. at 843. The court also noted that "unless the balance is strongly in favor of the defendant, the plaintiff's choice of forum should rarely be disturbed." Id. Public interest factors should also be considered when determining whether a forum is convenient. Id. This is so because, "administrative difficulties follow for courts when litigation is piled up in congested centers instead of being handled at its origin." Id. Moreover, "jury duty is a burden that ought not to be imposed upon the people of a community which has no relation to the litigation." Id., 67 S. Ct. at 842-3. Other concerns such as: 1) "holding the trial in the view and reach of its prospective litigants rather than in remote parts of the country where they can learn of it by report only," 2) The "local interest in having localized controversies decided at home," and 3) The appropriateness "in having the trial of a diversity case in a forum that is at home with the state law that must govern the case, rather than having a court in some other forum untangle problems in conflict of laws, and in law foreign to itself, should likewise be considered." Id. at 509, 67 S. Ct. at 843.