American Dredging Co. v. Miller, 510 U.S. 443, 13 (1994)

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Cite as: 510 U. S. 443 (1994)

Opinion of the Court

But to tell the truth, forum non conveniens cannot really be relied upon in making decisions about secondary conduct—in deciding, for example, where to sue or where one is subject to being sued. The discretionary nature of the doctrine, combined with the multifariousness of the factors relevant to its application, see the quotation from Gilbert, supra, at 448-449, make uniformity and predictability of outcome almost impossible. "The forum non conveniens determination," we have said, "is committed to the sound discretion of the trial court. It may be reversed only when there has been a clear abuse of discretion; where 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." Piper Aircraft Co. v. Reyno, 454 U. S., at 257. We have emphasized that " '[e]ach case turns on its facts' " and have repeatedly rejected the use of per se rules in applying the doctrine. Id., at 249; Koster v. (American) Lumbermens Mut. Casualty Co., 330 U. S., at 527. In such a regime, one can rarely count on the fact that jurisdiction will be declined.

C

What we have concluded from our analysis of admiralty law in general is strongly confirmed by examination of federal legislation. While there is an established and continuing tradition of federal common lawmaking in admiralty, that law is to be developed, insofar as possible, to harmonize with the enactments of Congress in the field. Foremost among those enactments in the field of maritime torts is the Jones Act, 46 U. S. C. App. § 688.

That legislation, which establishes a uniform federal law that state as well as federal courts must apply to the determination of employer liability to seamen, Garrett, supra, at 244, incorporates by reference "all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees." 46

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