Alcantara v. Boeing Co – Case Brief Summary (Washington)

In Alcantara v. Boeing Co., 41 Wn. App. 675, 679-80, 705 P.2d 1222, 1225-26 (1985), the Court of Appeals of Washington held:

"A prior forum non conveniens dismissal precludes relitigation between the parties of those issues of law and fact actually litigated and necessary to the dismissal decision. ...

"... In making the determination whether a prior dismissal on the basis of forum non conveniens involved the same issues of law and fact raised in the second-filed action, the appellate court must examine the objective criteria that were applied in deciding the forum non conveniens question and the material facts underlying the application of those criteria. If the objective legal criteria and the underlying material facts in the prior ... and subsequent ... determinations were identical, then the prior court's decision precluded the relitigation of the same forum non conveniens issue."

"The appellate court must examine the objective criteria that were applied in deciding the forum non conveniens question and the material facts underlying the application of those criteria. If the objective legal criteria and the underlying material facts in the prior ... and subsequent ... determinations were identical, then the prior court's decision precluded the relitigation of the same forum non conveniens issue." Alcantara, 41 Wn. App. at 680, 705 P.2d at 1226.