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Swissair Flight 111 — Plaintiffs' Opposition Brief On Forum Non Conveniens Filed
On April 14, 2000, we submitted the plaintiffs' response and opposition to the motion by defendants Boeing, McDonnell Douglas, Swissair, SAir Group, SR Technics, Delta and DuPont to dismiss all cases filed in the United States on behalf of Swiss and French passengers aboard Swissair/Delta Flight 111 on the forum non conveniens doctrine. The plaintiffs' response brief establishes that forum non conveniens is not available in this case because the foreign plaintiffs cannot bring suit against all defendants in the foreign courts suggested as alternative forums. The brief also establishes that litigation in Switzerland and France would be burdensome and judicially inefficient, since granting defendants' motion would send foreign passenger cases to courts all over the world, while retaining U.S. passenger cases in the one court capable of resolving the entire litigation. The brief exposes defendants' motion as an attempt by the defendants to stall the cases and reduce the plaintiffs damage recovery. Plaintiffs' brief also uncovers the fundamental unfairness of defendants' attempt to apply a double standard to foreign plaintiffs and underscores that American defendants should be held liable before our courts for serious aircraft defects that raise important public safety concerns.
Partner Blanca I. Rodriguez wrote the brief for the plaintiffs.
A copy of our brief is available. Choose either text file or PDF file.
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