Davidson v. Connecticut Bank & Trust Co.

holding that the location of witnesses in the Cayman Islands did not weigh strongly in favor of dismissal because many of the witnesses were employees of the defendant, which could obtain their cooperation in traveling to testify | vacating transfer to Cayman Islands, based in part on indigent plaintiffs inability to post “cost bond” | observing that compulsory process would not be necessary to secure the attendance of the employees of the defendant hotel, but finding that the geographical location of witnesses should not be dispositive of a forum non conveniens analysis | finding, on similar facts, no exceptional circumstances that would justify denying plaintiff's choice of forum | “In deciding when the statute of limitations commences to run under §§ 1981 and 1983, we look to the Title VII cases.” | court indicated law of Cayman Islands governed tort claims, but law of Iowa probably governed warranty claims asserted in wrongful death action | allegation of continuing violation must be evaluated in the light of the facts stated in the complaint and those adduced in support of, or against, the motion for summary judgment. | if violation occurs from continuing policy of discrimination, company’s enforcement of policy within limitations period actionable | court indicated law of Cayman Islands governed tort claims, but law of Iowa probably governed warranty claims asserted in wrongful death action | allegation of continuing violation must be evaluated in the light of the facts stated in the complaint and those adduced in support of, or against, the motion for summary judgment. | to establish continuing violation, plaintiff must show “that the unconstitutional or illegal act was a part of the standard operating procedure, a fixed and continuing practice” | lack of contingent fees one of factors in reversing dismissal