Legal Opinion

Saul Munoz Sibaja, Rafaela Arrieta Porra v. Dow Chemical Company

Court of Appeals for the Eleventh Circuit

Decided April 16, 1985No. 83-5655PublishedCited by 65 opinions

1Per curiam

The district court dismissed this diversity case under the doctrine of forum non conveniens. The plaintiffs appeal, claiming that the Erie 1 doctrine required the court to apply the state forum non conveniens rule which would have precluded the dismissal. We affirm.

I

The plaintiffs are fifty-eight Costa Rican agricultural workers. They claim to have been sterilized as a result of their exposure in Costa Rica to pesticides manufactured by either Dow Chemical Company or Shell Oil Company. In May 1983, they sued these companies in Florida state court, seeking damages under product liability…

2Cases cited17 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
  3. Piper Aircraft Co. v. ReynoSupreme Court of the United States · 1982
  4. Hanna v. PlumerSupreme Court of the United States · 1965
  5. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945

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3Cited by65 opinions

  1. In Re Air Crash Disaster Near New Orleans, Louisiana on July 9, 1982. Luis Alberto Trivelloni-Lorenzi, and Susanna Electra Trivelloni-Lorenzi v. Pan American World Airways, Inc., Ernesto Serio Pampin Lopez, Individually and as Administrator of the Estate of His Deceased Mother Sara E. Lopez De Pampin v. Pan American Airways, Inc., and United States of AmericaCourt of Appeals for the Fifth Circuit · 1987
  2. Kinney System, Inc. v. Continental Ins. Co.Supreme Court of Florida · 1996
  3. Cabalceta v. Standard Fruit Co.Court of Appeals for the Eleventh Circuit · 1989
  4. Ravelo Monegro v. RosaCourt of Appeals for the Ninth Circuit · 2000
  5. Royal Bed and Spring Co., Inc. v. Famossul Industria E Comercio De Moveis Ltda.Court of Appeals for the First Circuit · 1990

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