THIS ARTICLE focuses on the situation in which a defendant, on the basis of foreign parties or an accident in a foreign venue, seeks to have the case sent to a court in a foreign country. Motions sending cases to other federal courts within the U.S., under 28 USC �1404(a), have less harsh consequences, so the defense hurdles are less.

This issue is worth visiting again because of the recent Second Circuit en banc decision in Iragorri v. United Technologies Corp., 274 F. 3d 65 (2001).