Jean Dufort Baptichon v. Department of Education, et al.

This writ certainly raises the questions of Person­ al jurisdiction versus forum non conveniens, venue, transfer and sovereign immunity In Piper Aircraft Co. v. Reyno this Court sets forth the modern- day test for forum non-conveniens analysis in federal courts. The test asks whether a court can dismiss the lawsuit in favor of another forum, and if such forum exists, then courts should weigh a variety of private and public in­ terest factors to determine whether the case should be dismissed. Forum non conveniens says that an appro­ priate forum, even though competent under the lawmay divest itself of jurisdiction if, for the conveniens of the litigants, the witnesses, or the public, it appears that the action should proceed in another forum where the action might originally have been brought, here, the Western District Court of Michigan. 1. The first question presented is whether the dis­ trict court made clear error in dismissing the complaint for want or lack of personal jurisdic­ tion rather than because of forum non conve­ niens or venue for this matter, because, in the case at bar, the Western District Court of Mich­ igan does have both personal and subject mat­ ter jurisdictions. Fed. R. Civ. P. §§ 1331, 1332 (a)(1) It is a settle rule of this Court that when an Amer­ ican party sues another American party in federal court, at least one thing is certain, so long as some court in the United States has jurisdiction (person­ al and subject matter) over the case, the case will be heard. Here, the federal question element is met. The