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Forum Non Conveniens Dismissal Granted Despite Co-Defendant's Objection


by Lindsay H. Tasher
Holland & Knight LLP
Tampa Office

July 12, 2008

Previously published on August 2007

Recently, the United States District Court for the Southern District of New York issued an opinion that may function as a cautionary tale to plaintiffs who attempt to circumvent litigating a case in the most obvious, appropriate and convenient forum. Esheva v. Siberia Airlines1 was a personal-injury and wrongful-death airline case with a very unusual pre-trial agreement between the plaintiffs and one defendant, accompanied by the plaintiffs' apparent overconfidence in their ability to forum-shop.


 

The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.




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