212 Conn. 311 | Conn. | 1989
The dispositive issue in this appeal is whether the trial court abused its discretion in granting a motion to dismiss on the ground of forum non conveniens. The plaintiff, Union Carbide Corporation, brought an action seeking a declaratory judgment
The relevant facts are undisputed. The plaintiffs complaint sought reimbursement for outstanding claims for environmental property damages and cleanup costs relating to its hazardous waste disposal activities since 1944 at thirteen sites, all outside of Connecticut.
Despite the fact that the long arm statute, General Statutes § 52-59b, conferred jurisdiction on the trial court over all the defendants, the court granted the motion to dismiss filed by thirteen defendants. Concededly, the court had the authority to entertain and adjudicate this motion to dismiss. “The common law principle of forum non conveniens provides that a court ‘may resist imposition upon its jurisdiction’ even when it has jurisdiction. (Emphasis added.) Gulf Oil Corporation v. Gilbert, [330 U.S. 501, 507, 67 S. Ct. 839, 91 L. Ed. 1055 (1947)].” Brown v. Brown, 195 Conn. 98, 108, 486 A.2d 1116 (1985).
The trial court’s thoughtful and thorough seventy-nine page memorandum of decision documents the reasons for its action. Relying upon the methodology suggested by Gulf Oil Corporation v. Gilbert, supra, 508-509, the court first considered the availability of an alternate forum for adjudication of this law suit, and concluded that the courts of the seven states and Puerto Rico, where the thirteen toxic waste sites are located, would have jurisdiction over this litigation.
The trial court then went on to examine those private and public interest factors that Gulf Oil Corporation v.' Gilbert, supra, directs a court to balance. It emphasized the significance of the following five factors, which, inter alia, make Connecticut an inconvenient forum: (a) resolution of the coverage issues under the various insurance policies would in many cases entail thirteen site-specific factual inquiries into activities unrelated to Connecticut; (b) questions of law
Finally, the court noted that well established limitations on recourse to declaratory judgments lent further support to dismissal of this case. The court referred to numerous cases invoking the rule of Practice Book § 390 (c) that “[t]he court will not render declaratory judgments . . . where the court shall be of the opin
In their appeal, the appellants, those defendants that contest dismissal of the plaintiffs cause of action, ask us to review two claims of error. They maintain that the trial court’s judgment: (1) fails to implement limitations imposed by the Connecticut constitution upon the doctrine of forum non conveniens; and (2) manifests an abuse of discretion under the common law doctrine of forum non conveniens. Only the second of these two claims is properly before us, however, since no constitutional issue was “distinctly raised” in the trial court, as Practice Book § -4185 requires.
I
Before addressing the merits of the appellants’ claim of abuse of discretion, we must consider whether, as the appellees maintain, supervening events have deprived this court of jurisdiction to hear this appeal. The appellees rely on two facts: the parties’ negotia
The “Carbide Agreement,” in our view, does not dissipate the controversy between the parties about where this litigation should proceed. By its terms, the agreement contemplates a return to this state if the appellants succeed in overturning the judgment of the trial court. The fact that the agreement provides special, limited exceptions from this general principle only underscores the continued significance of the forum non conveniens question to the parties.
II
We turn then to a review of the merits of the appellants’ claim that the trial court abused its discretion in determining that Connecticut was an inconvenient forum for the present litigation. The appellants maintain that the trial court erred in: (1) failing to defer to the preference of the counterclaimants for having the
As a common law matter, the doctrine of forum non conveniens vests discretion in the trial court to decide “where trial will best serve the convenience of the parties and the ends of justice.” Koster v. (American) Lumbermens Mutual Casualty Co., 330 U.S. 518, 527, 67 S. Ct. 828, 91 L. Ed. 1067 (1947); Brown v. Brown, supra, 108-109 and n.17. As the trial court recognized, the guidelines stated in Gulf Oil Corporation v. Gilbert, supra, and restated in Piper Aircraft Co. v. Reyno, 454 U.S. 235, 257-62, 102 S. Ct. 252, 70 L. Ed. 2d 419 (1981), provide a useful frame of reference for the resolution of this question. It bears emphasis, however, that these guidelines begin with the proposition that the trial court’s exercise of its discretion may be reversed only upon a showing of clear abuse. “[Wjhere the court has considered all relevant public and private interest factors, and where its balancing of these factors is reasonable, its decision deserves substantial deference.” Id., 257. It bears equal emphasis that federally crafted guidelines do not impose binding directives upon our Connecticut common law, but rather should be viewed as illuminating the variety of competing private and public considerations that a trial court must weigh in the balance as it determines whether dismissal for forum non conveniens is warranted.
The appellants’ first claim is that the trial court assigned insufficient weight to the counterclaimants’
The appellants’ second claim is that the trial court could not reasonably have determined that eight lawsuits outside of Connecticut would constitute a reasonable alternative to one lawsuit conducted in this state. They have, however, cited no authority for the proposition that only a unitary alternative site warrants dismissal on the ground that the local site is inconvenient. The availability of the eight alternatives is now confirmed by the “Carbide Agreement,” to which the appellants have concededly subscribed. This case therefore does not present the same risk of excessive fractionalizing .of claims that concerned the New Jersey court in Westinghouse Electric Corporation v. Liberty Mutual Ins. Co. 233 N.J. Super. 463, 559 A.2d 435 (1989).
The appellants’ third claim is that the trial court indulged in unwarranted speculation in its assessment of the convenience of site-specific trials. At oral argument, however, the appellants, despite their insistence that there were commonalities about all the issues of insurance coverage, agreed that some site-specific questions would necessarily arise. They also agreed that principles of conflict of laws would preclude the applicability of Connecticut domestic law in the adjudication of any of these cases. Once these premises are established, the trial court’s inferential findings about the significance of local witnesses and the desirability of access to the local site, which were crucial to the court’s conclusion, do not strike us as impermissibly speculative. By necessity, a motion for dismissal on the ground of forum non conveniens must be heard on a record that is less specific than we would require for a trial on the merits. See Piper Aircraft Co.v. Reyno, supra, 258; Fitzgerald v. Texaco, Inc., 521 F.2d 448, 451 n.3 (2d Cir. 1975).
“Wisely, it has not been attempted to catalogue the circumstances which will justify or require either grant or denial of [the] remedy [of dismissal for forum non conveniens]. The doctrine leaves much to the discretion of the court to which [the] plaintiff resorts, and experience has not shown a judicial tendency to renounce one’s own jurisdiction so strong as to result in many abuses.” Id., 508. The appellants have not demonstrated such an abuse in this case.
There is no error.
In this opinion the other justices concurred.
The plaintiff brought its action pursuant to General Statutes § 52-29 and Practice Book §§ 388 through 394.
The toxic waste sites are located in seven states and the Commonwealth of Puerto Rico: three in North Carolina, two each in Ohio, Texas and Puerto Rico, and one in Indiana, New York, Colorado and West Virginia. With the exception of the three sites in North Carolina, one site in Ohio, and the only site in Indiana, the landfills are owned as well as operated by the plaintiff.
The court also considered a number of other factors that are of lesser significance in the circumstances of this case. It found that: (a) most of the relevant documentary evidence is in the possession of third parties located near the toxic waste sites and would be difficult to produce in Connecticut; (b) the cost of transporting out-of-state witnesses to Connecticut would be greater than the expense of requiring some of the plaintiffs employees to testify in other states; (c) the ability of the factfinder to view the sites at issue would be handicapped if the case were tried in Connecticut; (d) dividing the litigation into eight separate actions would not prevent any of the parties from obtaining a fair trial; and (e) residents of the Danbury judicial district have little interest in the plaintiffs insurance reimbursement claims for liabilities incurred in other states, whereas citizens of the states where the sites are located have a much greater interest. The trial court also found, on the other hand, that: (f) the plaintiff would be unlikely to have difficulty enforcing any judgment that it obtained in Connecticut against the defendants; and (g) the plaintiff had not acted upon any improper motive in bringing the action in Connecticut.
The appellants concede that they did not cite to the trial court the “open courts” provision of the Connecticut constitution, article first, § 10, on which they now rely. We disagree that this issue was indirectly raised at trial by arguments relating to public policy considerations affecting forum non conveniens, because such considerations were related directly to the common law doctrine of forum non conveniens that the trial court applied.
This case, furthermore, does not warrant invocation either of the “exceptional circumstances” rule of State v. Evans, 165 Conn. 61, 70, 327 A.2d 576 (1973), or the “plain error” exception of Practice Book § 4185. We have repeatedly emphasized our disapproval of requests for appellate scrutiny of alleged errors of law raising newly discovered issues on which the trial court never had the opportunity to rule. This appeal does not fall within the narrow exception from this abiding principle that we have carved out for “egregious errors that undermine the fairness of a trial and cast doubt on the integrity of judicial proceedings.” State v. Hull, 210 Conn. 481, 485, 556 A.2d 154 (1989); Scott v. Barrett, 212 Conn. 217, 222, 561 A.2d 941 (1989); see also Roche v. Fairfield, 186 Conn. 490, 505, 442 A.2d 911 (1982).
Paragraph 2 of the “Carbide Agreement” provides: “[Union Carbide Corporation] agrees not to oppose any attempt to expedite the appeal of the Connecticut Action. If an appeal of the Connecticut Action is successfully maintained, all discovery that shall have occurred in the State Court Actions prior to an appellate ruling reinstating the case in the trial court shall have the same force and effect as if taken in the Connecticut Action in accordance with the Connecticut Practice Book. Except as otherwise provided in this paragraph, if the Connecticut Action is reinstated in the trial court, the State Court Actions (except the New Jersey Action) shall be dismissed and litigation with respect to the sites involved in the State Court Actions shall proceed in the Connecticut Action. A State Court Action shall not be dismissed and litigation with respect to the sites involved in such a State Court Action shall not proceed in the Connecticut Action if (1) the final appellate ruling in Connecticut occurs less than 60 days prior
Westinghouse Electric Corporation v. Liberty Mutual Ins. Co., 233 N.J. Super. 463, 559 A.2d 435 (1989), concerned the litigation of toxic waste torts and environmental claims relating to eighty-one sites located in twenty-three states; nine of these sites were in New Jersey. The Appellate Divi