An Inconvenient Forum.

The First Department denied defendant's motion to dismiss based on forum non conveniens, in Jones v. Eon Labs, Inc., which was decided on September 18, 2007.

The court said that the motion was untimely since it was made two years after the commencement of the action, and after there had been significant progress in discovery.

Moreover, said the court, defendant failed to carry its burden of demonstrating that its inconvenience strongly favors removal of the action to Virginia. "While many witnesses do appear to reside in Virginia, the very discovery statute cited by defendant (Va Code Ann § 8.01-411), through which it would assertedly be forced to operate to obtain depositions and other discovery, provides a simplified procedure."