Either of two legal maxims could guide our Supreme Court as it considers Yousef v. General Dynamics Corp., A-88-09. This case involves application of forum non conveniens to a New Jersey plaintiff suing a non-New Jersey corporation about an auto accident that happened in South Africa. The wheel-chair-confined plaintiff argues he could not pursue his claims in South Africa. The defendant argues it would be hampered by litigation outside South Africa, where the plaintiff worked, the accident occurred and witnesses and doctors are located.
Hard cases are said to make bad law, a phrase sometimes attributed to the 1842 English case, Winterbottom v. Wright , where a broad rule favoring the plaintiff was rejected because it would introduce a new concept into the common law.
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