Pierre-Louis v. NewVac Corp., No. 07-15828
In a wrongful death action brought by survivors of passengers killed in a plane crash, dismissal of the action on forum non conveniens grounds in favor of litigation in Martinique is affirmed where: 1) the Convention for the Unification of Certain Rules for International Carriage by Air did not bar dismissal on forum non conveniens grounds because there was no ambiguity or limitation in the express language of Article 33(4) of the Convention, which stated in no uncertain terms that questions of procedure --- which could only reasonably be read to include all questions of procedure -- are governed by the rules of the forum state; and 2) with respect to the availability of evidence and witnesses, the analysis strongly favored Martinique, the residence of all the plaintiffs.
Filed October 8, 2009
Opinion by Judge Barkett