JIALI TANG v. SYNUTRA INTERN., INC.

No. 10-1487.

656 F.3d 242 (2011)

JIALI TANG; Yongde Liu, in their own capacities, and ex rel. X.L., a minor; Ping Mu; Xia Chang, in their own capacities, and ex rel. Y.M., a minor; Dedong Ma; Hongxiu Lu, in their own capacities, and ex rel. L.M., a minor; Ruijie Liu; Songxia Zhu, in their own capacities, and ex rel. Y.L., a minor; Xianghong Liu; Jiaoyan Zhu, in their own capacities, and ex rel. S.L., a minor; Shuyong Yao; Fengqiong Bao, in their own capacities, and ex rel. Y.Y., a minor; Lihong Meng; Feng Zhao, in their own capacities, and ex rel. F.Z., a minor; Xiaoping Chang; Youjian Ma, in their own capacities, and ex rel. L.M., a minor; Yanmiao Cao; Zhaodi Lin, in their own capacities, and ex rel. Z.C., a minor; Hong Liu; Junjie Liu, in their own capacities, and ex rel. J.L., a minor; Yajun He; Bing Wang, in their own capacities, and ex rel. Y.W., a minor; Chunnian Wang, in his own capacity, and ex rel. Y.W., a minor; Chuang Wang; Rui Zhang, in their own capacities, and ex rel. Y.W., a minor; Qiguo Shu; Meihong Ren, in their own capacities, and ex rel. R.S., a minor; Zhaoxia Xing; Xinqiang Huang, in their own capacities, and ex rel. H.H., a minor; Wen Chen; Xiang He, in their own capacities, and ex rel. G.C., a minor; Qi Chen; Li Xue, in their own capacities, and ex rel. J.C., a minor; Xianwei Hong; Dandan Huang, in their own capacities, and ex rel. Z.H., a minor; Jinrong Zhu; Jialong Zhang, in their own capacities, and ex rel. J.Z., a minor; Xinjun Wang; Fei Li, in their own capacities, and ex rel. H.W., a minor; Xiaofei He; Ruizhong Tian, in their own capacities, and ex rel. F.T., a minor; Haibo Zhao; Xingping Jia, in their own capacities, and ex rel. C.Z., a minor; Jun Peng; Li Fang, in their own capacities, and ex rel. Q.P., a minor; Xiaoli Du; Jiang Li, in their own capacities, and ex rel. M.L., a minor; Xin Liu; Yan Zhu, in their own capacities, and ex rel. W.L., a minor; Gang Meng; Haiyan Wang, in their own capacities, and ex rel. Y.M., a minor; Zhaoxia Ji; Jiaying Niu, in their own capacities, and ex rel. Z.N., a minor; Mei Cheng; Wei Chen, in their own capacities, and ex rel. Q.C., a minor; Dongrong Li; Guoan Zhang, in their own capacities, and ex rel. B.Z., a minor; Dongyan Yu; Wei Qin, in their own capacities, and ex rel. Z.Q., a minor; Zhengya Shao; Yi Li, in their own capacities, and ex rel. H.S., a minor; Jie Gao; Chuncheng Xu, in their own capacities, and ex rel. G.X., a minor; Ming Hu; Yanling Yan, in their own capacities, and ex rel. Z.Y., a minor; Guanglu Liu; Limei Chen, in their own capacities, and ex rel. S.L., a minor; Hong Liu; Yong Fei, in their own capacities, and ex rel. C.F., a minor; Ruida Wang; Xiaoyu Li, in their own capacities, and ex rel. C.W., a minor; Erjian An; Changjing Huangfu, in their own capacities, and ex rel. Y.A., a minor; Yuan Zhang; Haitao Nan, in their own capacities, and ex rel. Y.N., a minor; Xiaofei Xie; Qiqi Xiong, in their own capacities, and ex rel. Y.X., a minor; Dongwei Zhou; Yan Zheng, in their own capacities, and ex rel. X.Z., a minor; Wei Zhao; Changyu Liu, in their own capacities, and ex rel. Y.W., a minor; Xing Wen; Yan Yue, in their own capacities, and ex rel. Y.W., a minor; Renyin Fan; Yaping Hu, in their own capacities, and ex rel. T.F., a minor; Jianhua Chen; Ning Xia, in their own capacities, and ex rel. J.C., a minor; Yuan Wen, in his own capacity, and ex rel. T.W., a minor; Xingzhi Zhu; Fangkai Yang, in their own capacities, and ex rel. Z.Y., a minor; Ping Du, in her own capacity, and ex rel. X.X., a minor; Wei Zhang, in his own capacity, and ex rel. K.Z., a minor; Lin Chen; Jie You, in their own capacities, and ex rel. J.Y., a minor; Yinghao Zhang, in his own capacity, and ex rel. Y.Z., a minor; Jinghai Yang; Jiangli Wang, in their own capacities, and ex rel. H.Y., a minor; Dianjun Wang; Junli Sun, in their own capacities, and ex rel. X.W., a minor; Yunpeng Ge; Qi Hou, in their own capacities, and ex rel. Y.G., a minor, Plaintiffs-Appellants, v. SYNUTRA INTERNATIONAL, INCORPORATED; Synutra, Incorporated, a/k/a American St. George Biological Technology Corporation, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: September 6, 2011.


Attorney(s) appearing for the Case

ARGUED: Paul George Gaston , Law Offices of Paul G. Gaston, Washington, D.C., for Appellants. James Arden , Sidley & Austin, LLP, New York, New York, for Appellees. ON BRIEF: Paul J. Zidlicky , Sidley & Austin, LLP, Washington, D.C.; Sara J. Gourley , Sidley & Austin, LLP, Chicago, Illinois; Eamon P. Joyce , Sidley & Austin, LLP, New York, New York, for Appellees.

Affirmed by published opinion. Judge WYNN wrote the opinion, in which Judge KING and Judge GREGORY concurred.


OPINION

WYNN, Circuit Judge:

"A forum non conveniens dismissal must be based on the finding that, when weighed against plaintiff's choice of forum, the relevant public and private interests strongly favor a specific, adequate, and available alternative forum."1 Plaintiffs in this case are citizens and residents of China who allege that they were injured by melamine-contaminated infant formula in China. The contaminated...

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