Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “forum non conveniens

Case of the Day: Santos v. LATAM Airlines

Posted on April 22, 2019

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 dismiss the case on forum non conveniens grounds, arguing that the plaintiff, almost all the witnesses, and the evidence were in Ecuador and that Ecuador was an adequate and more convenient forum.

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

Posted on February 18, 2016

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…

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