Abstract

A. Forum Non Conveniens In Anyango v. Rolls-Royce Corporation, the supreme court affirmed the dismissal of a wrongful-death action based on forum non conveniens in favor of a British Columbia forum. Relying on U.S. Supreme Court and prior state appellate case law, the court held that a forum is “adequate” for purposes of Trial Rule 4.4(C) “so long as the parties will not be deprived of all remedies or treated unfairly.” The parents of Isaiah Otieno sued Bell Helicopter Textron Inc., Rolls–Royce Corp., and Honeywell International Inc. (collectively, the “Defendants”) in Marion County for the wrongful death of their son after he was killed when a helicopter lost power and crashed on the ground in British Columbia. The helicopter engine was manufactured in Indiana by a division of General Motors, which had sold its assets to a company later purchased by Rolls-Royce. The helicopter’s engine components were designed at Honeywell’s Indiana facility. The Defendants filed a motion to dismiss pursuant to Indiana Trial Rule 4.4(C) on the ground that Indiana was an inconvenient forum compared to British Columbia and stipulated, pursuant to Trial Rule 4.4(D), that they would submit to the personal jurisdiction of British Columbia and waive any statute of

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