Guarino v. The Western Union Company
United States District Court for the District of New Jersey
2021 WL 3286640 (2021)
- Written by Jamie Milne, JD
Facts
Philip Guarino (plaintiff), a dual citizen of France and the United States, lived in France. He purchased money orders in France to send funds to family in New Jersey. The orders were sent via the Western Union Company (Western) (defendant). When Guarino learned that Western added a margin to exchange rates, he filed a class-action suit against Western in the United States District Court for the District of New Jersey, asserting claims based on alleged misleading representations made in person and on Western’s website. Western moved to dismiss based on forum non conveniens, arguing that France would be a more appropriate forum and Western would consent to suit there. In response, Guarino argued that French court was not an adequate alternative forum because French law did not allow class-action suits and his allegations would likely be insufficient to state a successful claim under French law. The New Jersey district court considered the parties’ arguments.
Rule of Law
Issue
Holding and Reasoning (McNulty, J.)
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