The case of the day is Ure v. Oceania Cruises, Inc. (S.D. Fla. 2015). Diana Ure was a passenger aboard Oceania’s ship. She fell ill and was treated by one of the defendants, Dr. Fabian Bonilla, an Ecuadoran national. She and her husband sued Bonilla, apparently for medical malpractice, and she served him at his address in Ecuador via mail (sent by the clerk, as FRCP 4(f)(2)(C)(ii) requires). Bonilla moved to dismiss, arguing that Ecuadoran law forbids service by mail.
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The case of the day is Flaherty v. Royal Caribbean Cruises, Ltd. (S.D. Fla. 2016). Kevin Flaherty alleged that he was a passenger on Royal Caribbean’s Oasis of the Seas. While on a shore excursion hiking at Dunn’s River Falls in Jamaica, which he booked through Royal Caribbean, he slipped and fell, breaking his leg. The claim was that a tour guide, who was employed by the Jamaican government, instructed the hikers to hold hands on the hike. Even though the tour guide was a government employee, Flaherty claimed that the guide was Royal Caribbean’s apparent agent, and that it was therefore vicariously liable for the guide’s negligence. Royal Caribbean moved to dismiss the claim of vicarious liability for failure to state a claim on which relief could be granted.
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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 parties had a dispute about an invoice Hongyuan sent DI for a shipment of titanium dioxide anatase. Hongyuan sued in the District Court, but DI moved to dismiss for forum non conveniens, pointing to the following article of the contract:
This agreement shall only be governed by Chinese law. In the event of any disputes between the parties the People’s Court of Jiangsu (China) shall be empowered to take cognizance of it, unless coercive law prescribes another court.
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