Tag: forum non conveniens

  • Case of the Day: Pivar v. Van Gogh Museum

    The case of the day is Pivar v. Van Gogh Museum (S.D.N.Y. 2022). Full disclosure: I was counsel for The Van Gogh Museum Foundation (“the Museum”), the defendant in the case. The Museum houses (though it does not own) the world’s largest collection of the works of Dutch artist Vincent Van Gogh. One service the……

  • Case of the Day: CDM Smith v. Atasi

    The case of the day is CDM Smith, Inc. v. Atasi (D. Mass. 2022). CDM is a Massachusetts engineering and construction firm. Khalil Atasi was a senior vice president who managed the company’s operations in Saudi Arabia. Although he was an employee at will, in order to obtain permission to work in Saudi Arabia, he……

  • Case of the Day: Santos v. LATAM Airlines

    The case of the day is Santos v. LATAM Airlines Group S.A. (SDNY 2019). Yolanda Delia Arias Santos, an Ecuadoran, was flying from New York to Guyaquil, Ecuador on LATAM, a Chilean airline. she claimed that on the flight, a flight attendant spilled boiling tea on her. She sued in New York. LATAM moved to……

  • Case of the Day: Jiangsu Hongyuan Pharmaceutical Co. v. DI Global Logistics

    The case of the day is Jiangsu Hongyuan Pharmaceutical Co. v. DI Global Logistics Inc. (S.D. Fla. 2016). Hongyuan was a Chinese firm; DI was a Florida corporation. The parties had a contract under which DI was Hongyuan’s exclusive distributor for chemical products in Colombia, Trinidad and Tobago, Brazil, Venezuela, and the United States. The……

  • Lago Agrio: Kimerling’s Case Dismissed

    A New York court has affirmed a decision dismissing a lawsuit Judith Kimerling brought on behalf of the Huaorani people on forum non conveniens grounds.