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.
Tagged: Ecuador, forum non conveniens