DocketNumber: Civil Action No. 10–1743 (JEB)
Citation Numbers: 288 F. Supp. 3d 272
Judges: Boasberg
Filed Date: 2/12/2018
Status: Precedential
Modified Date: 7/25/2022
Having watched this case wend its way through many twists and turns, the Court must now determine whether it in fact belongs across the Pacific. Bringing a Motion to Dismiss for forum non conveniens, Defendants contend that Taiwan, not the District of Columbia, is the appropriate jurisdiction in which to resolve this dispute over the estate of plastics magnate Yung-Ching *276(Y.C.) Wang. At the time of his death in 2008, Y.C. was worth an estimated $6.8 billion-making him, according to Forbes, the 178th wealthiest individual in the world. Although he amassed quite a fortune, he lacked one crucial asset: a last will and testament. In the years since his passing, the distribution of Y.C.'s estate has thus become a significant source of contention among his many putative heirs. These claimants, to further complicate matters, belong to three separate "families" derived from Y.C.'s relationships with different women.
Nearly eight years ago, Winston Wen-Young Wong, Y.C.'s son from his Second Family, kicked off this modern-day Jarndyce v. Jarndyce when he filed suit on behalf of the First Family, which consists solely of Yueh-Lan Wang, the woman to whom Y.C. had been married since 1935. Winston, whom Yueh-Lan named as her lone heir, alleged that her marital share of Y.C.'s estate had been "shorted" by unlawful transfers of funds prior to Y.C.'s death. Asserting that Defendants-a D.C.-based trust and its affiliates-held a portion of these assets, Winston sought to reclaim Yueh-Lan's full disbursement from Y.C.'s estate. After a series of intervening events-including Yueh-Lan's death and the subsequent appointment of Executor-Plaintiffs in Taiwan-and procedural detours, the case returned to this Court's docket last year. This past August, the Court allowed Plaintiffs to file a Second Amended Complaint, and today it turns to Defendants' Motion to Dismiss that Complaint. Finding that Taiwan is an adequate alternative forum and that the relevant interests weigh strongly in favor of dismissal, the Court will grant their Motion under the doctrine of forum non conveniens . It will, however, condition that grant upon Defendants' waiver of statute-of-limitations defenses and potential additional constraints.
I. Background
A. Factual and Procedural History
As the lengthy and colorful history of this case is set forth in full in the Court's prior Opinions, it need not repeat the complete narrative here. See Yueh-Lan Wang ex rel. Wong v. New Mighty U.S. Tr.(Wang I),
To recap briefly: this dispute centers on the disbursement of the estate of Y.C. Wang. When Y.C. died in 2008, his plastics empire made him the second-wealthiest individual in Taiwan. See Second Am. Compl, ¶ 18. Yet he had no will-an unfortunate oversight given that he left behind nine children and three putative wives. This suit is brought on behalf of the estate of the first of those partners, Yueh-Lan. Married to Y.C. for 72 years, Yueh-Lan witnessed her husband's meteoric rise, including his founding of Formosa Plastic Group, which is "one of Taiwan's biggest and most profitable manufacturing conglomerates with annual sales of over $60 billion and operations in five countries." Id., ¶ 17. She, as the "First Family," also witnessed his fathering children with two other women-Wang Yang Chiao and Pao Chu (P.C.) Lee. Id., ¶¶ 25-26. While Y.C. and Yueh-Lan had no offspring, his relationship with Wang Yang Chiao resulted in the birth of five children known as the "Second Family," and P.C. Lee produced another four known as the "Third Family." Id., ¶ 26.
*277As any reader of Bleak House could have been predicted, the matter of Y.C.'s estate and its disbursement has led to some discord among his three families and their various children. Related suits have been brought in Taiwan, Bermuda, New Jersey, Hong Kong, and, of course, before this Court. See ECF 38-4 (discussing Taiwan action); SAC, ¶ 64 (discussing Bermuda action); Shu v. Wang(DNJ Action),
Yueh-Lan's claims sought the return of property transferred by Y.C. to Defendants during the five years prior to his death, on the ground that Taiwanese and D.C. law would allegedly entitle her to recover these assets as part of her 50% spousal share. Wang I,
Defendants initially moved to dismiss these claims on a variety of grounds, and this Court granted that entreaty after finding a lack of diversity jurisdiction. Wang I,
Based on the decision in Americold, the D.C. Circuit eventually reversed this Court's dismissal of Yueh-Lan's Complaint. The Circuit, at the same time, also granted the Executors' substitution motion "without prejudice to the defendants' ability to renew in district court those arguments they ha[d] pressed before."
B. Second Amended Complaint
The operative Second Amended Complaint alleges five counts under the Civil Code of Taiwan: (1) Yueh-Lan has not received the full value of the 50% share she is entitled to under Article 1030-1; (2) to the extent her claim cannot be satisfied from property held by Y.C. at his death, Plaintiffs are entitled to restitution from third parties pursuant to Article 1030-3; (3) Yueh-Lan is entitled to restitution from Defendants for infringing upon her right of inheritance pursuant to Article 1146; (4) Plaintiffs are entitled to the return of assets, monies, and property distributed or transferred to Defendants from the marital estate pursuant to Article 767; and (5) Defendants unjustly benefited from the improper acquisition of Y.C.'s assets and are bound to return them under Article 179. See SAC, ¶¶ 66-101. Plaintiffs also bring four counts under D.C. common law: (1) unlawful conversion of Yueh-Lan's rightful marital property; (2) unjust enrichment from the improper acquisition and use of such property; (3) an action for a constructive trust to be imposed to ensure that Plaintiffs receive Yueh-Lan's statutory share of Y.C.'s estate; and (4) an action for an accounting of all the assets, monies, and property owned by Y.C. prior to his death. See id., ¶¶ 102-120.
Defendants have now filed a Motion to Dismiss the Second Amended Complaint, alleging both that it fails to state a claim under Fed. R. Civ. 12(b)(6) and that it should be discretionarily dismissed under the doctrine of forum non conveniens . See ECF 47 (Mot. to Dismiss SAC). Briefing on this Motion is now complete, and the Court must decide whether this suit will remain on its docket.
II. Standard of Review
Because the Court ultimately grants Defendants' Motion to Dismiss pursuant to forum non conveniens , it need not address their Motion under Rule 12(b)(6). It therefore presents the standard for only the former below.
Whether to dismiss a case under forum non conveniens is a "discretionary decision that can be made at any time." Stromberg v. Marriott Int'l, Inc.,
Applying forum non conveniens is a two-fold inquiry. First, the Court asks whether an adequate alternative forum exists. If so, it next looks to a set of public and private factors to determine if they favor dismissal. "If the balance favors the foreign forum, and if the Court is convinced that plaintiff effectively can bring its case in the alternative forum, the Court may dismiss the case on grounds of forum non conveniens ." KPMG Fin. Advisory Servs. Ltd. v. Diligence LLC,
III. Analysis
Before turning to the two-step inquiry, the Court begins with a preliminary dispute over the application of forum non conveniens to this case-i.e. , the timing of Defendants' Motion. Finding that this issue does not preempt a full analysis under FNC, the Court then proceeds to separately assess the adequacy of the alternative forum, and the private and public interests at stake.
A. Timing
As Plaintiffs acknowledge, motions to dismiss pursuant to forum non conveniens are not subject to any jurisdictional time bar or procedural waiver. See Opp. at 21. Yet they nonetheless assert that Defendants' Motion in this case should be rejected as untimely, citing to a series of cases holding that FNC motions must be brought within a "reasonable" time. Id. at 21-22. According to the Executors, this period has elapsed. Pointing out that this case has been pending since October 2010, Plaintiffs contend that Defendants had a number of opportunities to raise FNC earlier, but instead engaged in a "long-term, deliberate choice to not move for dismissal on FNC grounds." Id. at 22. Plaintiffs assert that "no new facts have emerged" over the long life of this lawsuit that "might justify Defendants' recent shift" in asking for FNC dismissal. Id. at 25. Their "eleventh-hour decision to file an FNC motion," the Executors maintain, thus "has the appearance of improper forum shopping and gamesmanship." Id. Finally, they state that "it would be highly inefficient for the parties and the courts, as well as prejudicial to Plaintiffs, to dismiss the case at this stage." Id. at 26.
The Court begins its analysis by noting that, although some courts have held that a defendant must bring an FNC motion within a "reasonable" period of time, the D.C. Circuit is not among them. See, e.g., Stromberg,
As discussed above, the Court granted Defendants' first Motion to Dismiss for lack of subject-matter jurisdiction in 2012. After Plaintiffs appealed, the Court of Appeals suspended briefing and held the case in abeyance in order to resolve the executorship proceedings after Yueh-Lan's death, a process that took three years. See Wang II,
Defendants admittedly could have sought an FNC dismissal in their initial Motion to Dismiss, but they instead asserted a lack of diversity jurisdiction. This was certainly proper. While "forum non conveniens may justify dismissal of an action though jurisdictional issues remain unresolved," the doctrine may also be raised after such threshold questions have been addressed. Sinochem,
Similarly unavailing is Plaintiffs' more pragmatic assertion that it would be "highly inefficient" to dismiss the case at this stage. It is true that where "litigation has progressed significantly," efficiency concerns may weigh against a belated assertion of FNC. See Wright & Miller, Federal Practice & Procedure § 3828 (4th ed. 2017). Yet the Executors are off the mark when they state that "[t]his case is analogous to decisions denying an FNC motion after discovery" or other substantial stages in litigation. See Opp. at 27. While this case is now approaching the eight-year mark, it has not progressed beyond a Motion to Dismiss; there has been no answer, no discovery, no motions for summary judgment, and, of course, no trial date set. Cf. Zelinski v. Columbia 300, Inc.,
B. FNC Analysis
Having resolved this preliminary issue, the Court may now focus on the substance of Defendants' attempt to dismiss this case pursuant to forum non conveniens . Under the doctrine, "[a] court first determines whether there is an adequate alternative forum and, if so, then proceeds to balance both private interest factors and public interest factors in favor of the respective forums." Jackson v. American Univ., Cairo,
1. Adequate Alternative Forum
The Court thus begins by asking whether Taiwan is an adequate alternative forum to hear this action. See El-Fadl v. Cent. Bank of Jordan,
*282Irwin, 448 F.Supp.2d at 33 (citing Piper,
a. Availability
In its prior Opinion, this Court concluded that "Defendants have not carried their burden to prove that an alternative forum is actually, not just theoretically, available." Wang II,
Defendants took up that charge. They have now returned with waivers in hand and have fully disavowed raising any statute-of-limitations defenses if this case is dismissed and re-filed in Taiwan. See ECF Nos. 47-9 (Decl. of Susan Wang), 47-10 (Decl. of William Wen-Yuan Wong), 47-11 (Decl. of Donald D. Kozusko). Defendants' expert on Taiwanese law, Professor Yeong-Chin Su, has stated that Taiwan courts will enforce these agreements, a conclusion that Plaintiffs do not dispute. See ECF Nos. 47-6 (Decl. of Yeong-Chin Su IV), ¶¶ 6-7; 42-25 (Su Decl. III), ¶¶ 5-7. In light of these affidavits, the Court is satisfied that Taiwan is available to Plaintiffs as an alternative forum. See Moletech Glob. Hong Kong Ltd. v. Pojery Trading Co.,
Finally, to the extent that concerns remain regarding Plaintiffs' ability to re-file in Taiwan, the Court will give them the opportunity to request that additional reasonable conditions be imposed on dismissal.
b. Adequacy
Having now established that the courthouse door in Taiwan is open to Plaintiffs, the Court must next resolve whether that forum provides an adequate alternative for their claims. Although the "adequacy qualification" under FNC "allows the court some room to make discretionary judgments as to the viability" of alternative forums, the Supreme Court has stated that only in "rare circumstances" should such inadequacy be found. See In re Disaster,
i. Defendants' Waiver
They initially focus on the scope of Defendants' waivers. Plaintiffs assert that Taiwan is an inadequate forum because, although Defendants consented to service of process and waived statute of limitations, they "have not waived a myriad of other issues decided in Plaintiffs' favor." Opp. at 28. This argument falls well short of demonstrating inadequacy. Although the Executors may be correct that Defendants will "seek to relitigate" certain questions if this case is re-filed abroad, this is no barrier to dismissal under FNC.
ii. Corruption
Plaintiffs next concentrate their fire on their "bona fide concern that a Taiwan court would decide this case upon extrajudicial considerations." Opp. at 28. They "believe they will never obtain a fair trial against these Defendants in Taiwan," id. at 30, a conviction based on the "substantial power" wielded by members of the "Third Family" and their allegedly close affiliation with Taiwan government officials. Id. at 29. According to Plaintiffs, these ties have the potential to influence the Taiwan judiciary. In support of this fear, they point to a State Department Report noting that "some political commentators and academics publicly question[ ] the impartiality of judges and prosecutors involved in high-profile and politically sensitive cases." ECF No. 42-24 (2016 Human Rights Report) at 4.
The Court does not deny that Y.C. and his progeny may have myriad connections to the economy and elite spheres of Taiwan. See ECF 49-21 (Christian Luthi Aff.), ¶¶ 11, 22 (stating that Susan Wang, Y.C.'s daughter, is a senior executives a FPG, which generates over 13% of Taiwan's GDP); ECF 49-1 (Daniel Weinberger Decl. III), ¶ 22 (Susan Wang member of business delegation to U.S. headed by former Taiwan Vice President). Yet Plaintiffs have provided no evidence that the Third Family's influence would lead to judicial corruption in this case. See Warter v. Boston Sec., S.A.,
Plaintiffs also cannot rely on the State Department Report as objective support for their corruption concerns. A closer examination of that document reveals that while "some political commentators and academics" may have speculated as to the partiality of the judiciary, the Report also states that Taiwan has "an independent and impartial" civil system. See State Dep't Rep. at 5. Especially in light of this conclusion, the vague concerns mentioned in the Report are not sufficient to show that Taiwan is an inadequate forum. See El-Fadl,
iii. Evidentiary concerns
Plaintiffs next assail the shortcomings of Taiwan's power to compel the production of evidence and order discovery. According to them, "[B]ecause of Taiwan's lack of international status," its courts have "no power to compel the production of evidence from any non-party witnesses outside Taiwan." Opp. at 29. Their legal expert asserts that this suit, if re-filed, will therefore be "cut off at [its] inception ... because the Taiwan courts are not cloaked with the sovereign authority of a fully recognized independent nation." ECF No. 39-1 (Chen Decl. II), ¶ 152. Plaintiffs dispute that discovery under
The Court agrees with Defendants that Taiwan is not rendered an inadequate forum because of Plaintiffs' evidentiary concerns. As it addresses in greater depth below, the use of either forum may place certain witnesses and evidence beyond the reach of compulsory discovery. Yet "a foreign forum's restrictive discovery or procedural rules do not render that forum inadequate." Marra v. Papandreou,
iv. Remedies
Last, the Executors contend that Taiwan courts will be unable to order an adequate remedy even if they succeed. They argue that because Taiwan "do[es] not recognize claims in equity or provide equitable remedies" and because they "will be unable to enforce any judgment obtained against Defendants," that country is an inadequate alternative forum to hear this suit. See Opp. at 30. Defendants rejoin that the potential for Plaintiffs to obtain less-favorable remedies in the alternative forum "does not render Taiwan inadequate." Reply at 17.
On this point, the precedent again supports Defendants' position. The Supreme Court has established that only when "the remedy provided by the alternative forum is so clearly inadequate or unsatisfactory that it is no remedy at all," can the district court conclude that "dismissal would not be in the interests of justice." Piper,
Plaintiffs' argument that Taiwan is inadequate because they may be unable to enforce a judgment in U.S. courts is similarly unavailing. Enforceability of a foreign judgment is not a necessary condition for FNC dismissal; it is instead one of the factors that may be considered in the balancing of the private interests at stake. See Gulf Oil Corp. v. Gilbert,
*286Whether or not the Executors could enforce a favorable Taiwanese judgment thus does not determine the threshold question of the forum's adequacy to address the dispute at hand. See Windt, 544 F.Supp.2d at 418 (foreign forum inadequate when it "completely prohibit[s] any meaningful litigation of the subject matter disputed") (quotation marks omitted). The one case cited by Plaintiffs in support of their argument, Nemariam v. Fed. Democratic Republic of Ethiopia,
Although the facts of this case may be unusual, its legal underpinnings do not present the "rare circumstance" in which an alternative forum is not a viable option. The Court, consequently, finds that Taiwan is an available and adequate forum for this suit and that Defendants thus clear the first hurdle to obtaining FNC dismissal.
2. Balancing of Interests
Next up is a determination of whether the private and public interests at stake tip "strongly" in favor of dismissal. See Lans v. Adduci Mastriani & Schaumberg L.L.P.,
a. Deference
There is ordinarily a strong presumption in favor of a plaintiff's chosen forum, but such deference "applies with less force" when the plaintiff is foreign. Sinochem,
[W]hen the home forum has been chosen, it is reasonable to assume this choice is convenient. When the plaintiff is foreign, however, this assumption is much less reasonable. Because the central purpose of any forum non conveniens inquiry is to ensure that the trial is convenient, a foreign plaintiff's choice deserves less deference.
Piper,
Here, Plaintiffs, who are all citizens of Taiwan, acknowledge that they have filed suit outside their home forum. Yet they nonetheless assert that their selection of D.C. should be "granted a high degree of deference" because it was "made for legitimate reasons and evinces genuine convenience." Opp. at 31. In support, the Executors point to the fact that all named Defendants are located in the District and that there are "bona fide connections" between the controversy and the forum. Id. at 32 (alteration omitted). Relying on their allegations that Defendants created the D.C.-based trusts for the purpose of receiving and holding over $2 billion of Y.C.'s estate in violation of Yueh-Lan's spousal rights, and that Defendants "continue to hold billions of dollars" in the District, Plaintiffs assert that this forum has a "substantial relation to the action." Id. at 32-33. Finally, they contend that they "never had a choice to sue in any other forum," as Defendants were not amenable to process in Taiwan. Id. at 32. The fact that Defendants have now consented to such foreign jurisdiction "does *287nothing," Plaintiffs argue, "to alter the fact that the forum choice" was based on "genuine jurisdictional convenience." Id.
Defendants counter that the Executors' forum choice should not, in fact, be accorded a "high degree of deference." Noting that the "genuine convenience" test for evaluating that choice has not been adopted by this Circuit, Defendants contend that lesser deference is due. See Reply at 13-14. And, with respect to Plaintiffs' assertion that the suit has a "substantial relation" to the forum, Defendants respond that the underlying claims "predominantly concern[ ] Taiwan law and Taiwan policy issues." Id. at 14.
The Court agrees that Plaintiffs' choice of forum should, in this case, be given less deference than is normally due when considering dismissal under forum non conveniens . As an initial matter, it notes that this Circuit has not yet addressed the relevance of whether a foreign defendant's forum choice was motivated by "legitimate reasons" or "genuine convenience." Plaintiffs instead import these considerations from a line of Second Circuit cases. See, e.g., Iragorri v. United Techs. Corp.,
By contrast, this Circuit has not relied on any such considerations when determining the level of deference given to a foreign plaintiff's forum choice. Instead, it has approvingly cited the standard established by the Supreme Court-namely, that a foreign plaintiff's choice of forum is entitled to "less deference." Friends for All Children, Inc. v. Lockheed Aircraft Corp.,
Following this guidance, the Court will not grant Plaintiffs in this case the benefit of any "strong presumption" in favor of their forum choice. Instead, their selection carries "less weight" as the Court proceeds in its analysis under forum non conveniens .
*288b. Private Interests
The private interests include (1) the "relative ease of access to sources of proof"; (2) the "availability of compulsory process for attendance of unwilling, and the cost of obtaining attendance of willing, witnesses"; and (3) the catch-all consideration of "all other practical problems that make trial of a case easy, expeditious and inexpensive." Gulf Oil Corp.,
i. Access to Proof
At the outset, an obvious and substantial obstacle impedes access to relevant evidence in the District of Columbia-the language barrier. This case involves complex questions of Taiwanese law, the resolution of which depends at least in part on the interpretation of various Chinese-language documents and the testimony of non-English-speaking witnesses. See Mot. at 44-45 (listing documents already in record that have required translation); Opp. at 40. Indeed, even at this stage in litigation, the parties dispute the English meaning of certain pieces of evidence, including a 2010 Taiwanese Tax Settlement Agreement regarding the distribution of Y.C.'s estate. See ECF Nos. 37-2, 38-5 (differing translations). According to Defendants, this Agreement states that Yueh-Lan Wang, Yang Chiao-Wang, and P.C. Lee were "in fact the spouses of Mr. Y.C. Wang." ECF No. 42-25 (Su Sur-Reply Decl.), ¶ 14. According to Plaintiffs, the correct translation of the Agreement is that the three women only "emotionally," "sentimentally," or "with their emotions" recognized that they were Y.C.'s wives, not that they were legally so. See ECF Nos. 18-2 (Decl. of Tsung-Fu Chen I), ¶ 53; 39-1 (Chen Decl. II), ¶ 77; 37-1, Exh. J (Decl. of Xin Min Liu). Lacking any familiarity with Mandarin, this Court has no ability to determine which version should prevail. And that is precisely the point: a U.S. court is an inconvenient forum for a case in which substantial decisions may rise or fall on the interpretation of a given Chinese phrase. See MBI Grp., Inc. v. Credit Foncier Du Cameroun,
Although neither side disputes the language difficulties (nor could they in good faith, given the extant record), they sharply diverge as to which forum would provide greater access to critical witnesses, documents, and other evidence. According to Plaintiffs, much of this information is located "in the U.S., or outside of Taiwan." Opp. at 34. Specifically, they assert that evidence regarding the "purpose, formation, and functioning" of New Mighty Trust, the "transfer of Marital Assets to Defendants," and Y.C.'s "ownership interests in the assets" are all located in the United States.
Defendants also have a list. Indeed, they contend that "the real parties in interest are principally located in Taiwan" and go on to describe the many witnesses who reside in that country. See Mot. at 35-37. These individuals include the four NM-US trust managers, the persons who "direct" the operations of NMF, the Executor-Defendants themselves, Y.C.'s alleged spouse P.C. Lee, the children of his alleged spouse Yang Chiao, and those involved in negotiating the Tax Settlement Agreement.
Just as the parties dispute the geographic distribution of the relevant proof, they also diverge as to the ease of access to such evidence. Plaintiffs assert that Defendants have failed to demonstrate that they will be deprived of necessary evidence if the case is not dismissed. See Opp. at 40. Noting that Defendants will be able to use letters rogatory to obtain evidence located in Taiwan and that they have "essentially limitless resources," Plaintiffs contend that Defendants will face no great burden in obtaining proof from abroad. Id.; ECF No. 49-35 (Chen Opp. Decl.), ¶¶ 72-74 (discussing procedures for obtaining evidence in Taiwan pursuant to letters rogatory); Sayles v. Pac. Engineers & Constructors, Ltd.,
At this point in the litigation, the precise evidentiary contours of this case remain somewhat murky. What is clear is that whether this suit is brought in D.C. or Taiwan, a certain amount of relevant proof is likely to be located outside the forum. On balance, however, it appears that Defendants have a somewhat stronger argument regarding the location of relevant sources of proof and individuals critical to this action, as is perhaps unsurprising given that the central figures in this case are Taiwanese. The Court therefore concludes that this issue weighs slightly in favor of dismissal.
ii. Obtaining Witnesses
As with the question of where the relevant witnesses are located, the parties split as to which forum would be better able to compel and procure testimony from these individuals. According to Plaintiffs, "[T]o the extent there are relevant Taiwan witnesses," they consist almost entirely of "employees, agents, and affiliates" of Defendants, thus "obviating any concern that [it] will be difficult to procure" access to them in the United States. See Opp. at 39.
*290Plaintiffs contend, moreover, that evidence from any "remaining unwilling witnesses" can be obtained by this Court through letters rogatory or unspecified "other powers." Id. at 40. By contrast, they assert (albeit while incorrectly suggesting that this Court would transfer, rather than dismiss, this case under FNC) that "none of the non-Taiwan witnesses will be subject to compulsory process if the case is transferred to Taiwan." Id.
Defendants respond that, if the case is not dismissed, they will face significant challenges in compelling evidence for use in trial. Taiwan, as they note, is not a party to the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, and there is no ability to compel witnesses in Taiwan to appear in-person in U.S. courts. See Mot. at 42; Chang v. Baxter Healthcare Corp.,
On this factor, as with the location of sources of proof, the Court finds that both sides present viable arguments in favor of their preferred forum. Whether this case proceeds in D.C. or in Taiwan, there will be legal and logistical hurdles to compelling witnesses and obtaining testimony. See DNJ Action at *14 (finding that "whether the matter is litigated in Taiwan or in New Jersey," either forum will be "unable to compel documents or witnesses who may be relevant to many issues in this case"). The Court thus concludes that this factor hangs in equipoise.
On the whole, therefore, the private interests tilt somewhat toward dismissal.
b. Public Interests
The considerations governing the public-interest analysis, conversely, include (1) the "local interest in having localized controversies decided at home"; (2) the interest in having the trial in a forum that is "at home" with the law that must govern the action; (3) the avoidance of unnecessary problems in conflicts of laws or in the application of foreign law; and (4) the unfairness of burdening citizens in the current forum with jury duty. See Gulf Oil Corp.,
i. Local Interest
Plaintiffs contend that "the citizens of D.C. and the U.S. have a strong interest in this litigation." Opp. at 42. They maintain that "substantial culpable conduct occurred" in the District, "including the receipt of property and the establishment of the New Mighty U.S. Trust structure *291itself." Id. at 41. Pointing to the fact that Defendants are incorporated and located in this country, they argue that "Defendants and their affiliates have benefited substantially from U.S. laws" and thus "cannot now complain of the burden ... [that] results from this Court's jurisdiction." Id. at 43. Defendants rejoin that this emphasis on local and U.S. interests is but a smokescreen for the real dispute underlying this case-the correct interpretation of Taiwan's Civil Code regarding marriage and inheritance. They posit that there "is little to no local interest in the claims asserted," and that the "resolution of this Taiwan-law based action is unlikely to have any impact in the District of Columbia." Mot. at 32.
Defendants have the better position. The central question here is whether Yueh-Lan, a lifelong resident and citizen of Taiwan, was denied certain spousal rights under Taiwanese inheritance law. Indeed, each count in the Second Amended Complaint is in some way premised on her claimed entitlement to her full share of Y.C.'s marital estate. See SAC, ¶¶ 71-118. Whichever way this case comes out in the end, its legal impact will be far greater in Taiwan than in the District of Columbia-a forum that would very rarely confront issues of Taiwanese marital law. Although the District may have a weak interest in this dispute given Defendants' local incorporation and business operations, the central claims plainly implicate Taiwanese concerns. See DNJ Action,
ii. Applying Foreign Law
The Court next considers "the interest in having the trial in a forum that is at home with the law that must govern the action" and the potential for "unnecessary problems in conflicts of laws or in the application of foreign law." On this issue, Plaintiffs contend that "while some issues of Taiwan law exist in this case, D.C. law will also apply." Opp. at 44. Yet their attempt to equate the relevance of Taiwanese and D.C. law is belied by their Second Amended Complaint. That pleading alleges five substantive counts under different sections of Taiwan's Civil Code (as compared to four common-law counts), see SAC, ¶¶ 66-101, and the D.C. claims are, at least in part, contingent upon these foreign-law allegations. Without engaging in a full conflicts analysis, it appears that the merits of Plaintiffs' D.C.-law claims likely depend upon the viability of their arguments under Taiwan's Civil Code. See id., ¶¶ 102-110 (counts for conversion and unjust enrichment under D.C. law require, respectively, "unlawful" control over another's personal property and "unjust" retention of benefit by defendant); cf. Piper,
The Court notes, moreover, that Plaintiffs brought many of the same Taiwanese and common-law claims in their New Jersey suit. See DNJ Action,
There is no doubt that this Court is "empowered to resolve questions of foreign law," Mot. at 32, and that the need to do so does not compel dismissal under FNC. See Cruise Connections Charter,
iii. Burden on D.C. Citizens
In addition to taxing the foreign expertise of this Court, there is also the concern that a trial in this case would *293"unfairly" burden citizens of the District with jury duty. When assessing motions to dismiss under FNC, courts seek to "avoid[ ] the imposition of jury duty on people of a community which has no relation to the litigation." Wye Oak Tech., Inc. v. Republic of Iraq,
IV. Conclusion
Bearing in mind that flexibility is the "watchword" and convenience the "central focus" of the forum non conveniens inquiry, the Court concludes that the private interests tip slightly in favor of dismissal and the public interests come out strongly in support of that result. Because it also finds that Taiwan is an available and adequate alternative forum, it will ultimately grant Defendants' Motion to Dismiss under forum non conveniens . The Court will, however, condition such dismissal upon Defendants' continued submission to Taiwan's jurisdiction and waiver of their statute-of-limitations defenses. Recognizing, moreover, that Plaintiffs may have remaining concerns regarding their ability to re-file in Taiwan, the Court will provide them the opportunity to request additional conditions subsequent to the issuance of this Opinion. Defendants will in turn have the chance to respond to any such requests, and the Court will determine if any further constraints to dismissal are warranted. A contemporaneous Order so stating shall issue this day.