by conditioning such dismissal upon the defendant's consent to foreign jurisdiction. Such a conditioned dismissal was ordered in Reyno v. Piper Aircraft Co., 479 F. Supp. 727 (M.D.Pa.1979), a case brought to our attention by defendant.
Defendant has also brought to our attention the case of Dahl v. United Technologies Corp., 472 F. Supp. 696 (D.Del.1979). In dismissing on the ground of forum non conveniens, Chief Judge Latchum conditioned his order on: (1) Defendant's consent to suit and to accept process in a foreign jurisdiction (Norway) in any civil actions instituted by plaintiffs on their claims before the applicable statute of limitations; (2) Defendant's agreement to make available, at its own expense, any documents or witnesses within its control that are needed for fair adjudication of any action brought in Norway by the plaintiffs on their claims; (3) Defendant's consent to pay any judgment, if any, which may be rendered against it in Norway in any civil action brought by plaintiffs on their claims.
In order to preclude the possibility that defendant would be effectively insulated from plaintiff's claims if we dismiss this case on grounds of forum non conveniens, we will condition such dismissal on defendant's consent to similar requirements. As we have noted, defendant has itself raised the prospect of so conditioning our dismissal. Accordingly, defendant must agree to submit to the jurisdiction of the courts of the United Kingdom in any civil action timely instituted there against JWB on the claims alleged herein. In addition, important evidence, both documents and witnesses, may be located in Pennsylvania and under the control of defendant. This evidence must be available to plaintiffs and to the courts in any action brought on these claims in the United Kingdom if the courts of the United Kingdom are to constitute an alternative forum in which plaintiffs can receive a fair adjudication. Accordingly, defendant must agree to make available, at its own expense, any documents, witnesses, or other evidence under its control that are needed for fair adjudication of any actions brought in the United Kingdom by plaintiffs on their claims. Finally, so that any judgment rendered against defendant in the United Kingdom on plaintiffs' claims will have effect, defendant must agree to pay any judgment so rendered.
ON MOTION FOR RELIEF
Plaintiffs in these consolidated products liability actions, all citizens and residents of the United Kingdom, allege injury, damages, and/or death resulting from the use of oral contraceptives. By order of February 19, 1980, this court dismissed the suits against defendant on the grounds of forum non conveniens, subject to the defendant's agreement to specified conditions. On March 18, 1980, plaintiffs pleaded a Rule 60(b) Motion for Relief.
This court subsequently vacated the dismissal pending determination of the motion.
After careful re-consideration and review of the pleadings, briefs, affidavits, and exhibits submitted to the court, and of the oral arguments heard on May 22, 1980, we remain convinced that this court is not the appropriate forum in which these cases should proceed. After much deliberation we again conclude that Pennsylvania is an inconvenient forum, based on an application of the principles and considerations of the leading forum non conveniens case of Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 67 S. Ct. 839, 91 L. Ed. 1055 (1947), and on an application of Pennsylvania choice of law rules as adopted in Griffith v. United Air Lines, Inc., 416 Pa. 1, 203 A.2d 796 (1964). Accordingly, we shall deny plaintiffs' Motion for Relief, once again grant defendant's original Motion to Dismiss on grounds of forum non conveniens, and reinstate our previous order of dismissal, subject to the agreement of the defendant to the conditions specified by us in that order and again in the order accompanying this opinion.
Plaintiffs allege that the defendant marketed defective drugs that were unfit and unsafe for their intended use, and failed to adequately warn consumers of the risk associated with use of the drugs. Plaintiffs' contention is that any tort which may have been committed by defendant occurred in Pennsylvania. Plaintiffs complain of an alleged lack of adequate and reasonable warning in connection with the labelling and marketing of the drugs. Defendant contends that the actual marketing, distribution, manufacture, prescription and ingestion of the drugs, as well as the alleged resulting injuries, all took place in the United Kingdom. Plaintiffs argue that the fundamental labelling and marketing decisions regarding foreign sales of these oral contraceptives were made at defendant's headquarters in Pennsylvania. Both sides have submitted exhibits to bolster their respective contentions as to the actual location of the marketing decisions which form the core of the alleged tort.
The factors to be considered in determining a motion to dismiss on grounds of forum non conveniens are set forth in Gulf Oil Corp. v. Gilbert, supra :
Important considerations are the relative ease of access to sources of proof, availability of compulsory process for attendance of unwilling, and the cost of obtaining, willing witnesses; ... and all other practical problems that make trial of a case easy, expeditious and inexpensive. There may also be questions as to the enforceability of a judgment if one is obtained.