Maria Elena Martinez v. E.i…

Summary

The Supreme Court of Delaware affirmed dismissal of an Argentine asbestos-injury action on forum non conveniens grounds. It held that the trial court acted within its discretion in finding that the Cryo-Maid factors overwhelmingly favored dismissal, particularly because the case involved unsettled Argentine law, foreign parties and conduct, and extraordinary litigation burdens in Delaware. The Court also clarified that efficient-administration and analogous public-interest considerations may be weighed under the sixth Cryo-Maid factor in appropriate cases. BERGER, Justice, dissenting, would have reversed because the majority improperly changed settled forum non conveniens law and treated the application of foreign law as a basis for dismissal.