Venue: |
SCOTUS
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Facts: |
Plane goes down in Scotand. It's a Piper. Props were made by
Hartzell. The plane was owned and operated by UK firms.
the wreckage is in England. British report blames pilot
error. 5 passengers, all Scottish, are dead. |
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Posture: |
A CA probate court appoints Reyno administrator of the passengers'
estates. She sues Piper and Hartzell in CA state court, for
negligence and strict liability. Remove to Federal district
court in CA for diersity. Transfer to middle PA, where Piper
does business for convenience. Now move for dismissal as
forum non conveniens. District court dismisses.
Ct. App. seems to have thought that dismissal was barred
because the available alternative forums had laws less
favorable to the plaintiff.. |
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Issue: |
So do we dismiss? |
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Holding: |
Yes, reversed. |
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Rule: |
When trial in the chosen forum would be oppressive or vexatious
to the defendant out of all proportion to the plaintiff's
convenience, the court may dismiss. |
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Reasoning: |
All the witnesses, and all the evidence are in Scotland. And
Scotland has a strong interest in this litigation. |
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Dicta: |
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