Legal Opinion
Luis Alva Diaz v. Naviera Humboldt and Xyz Insurance Company
Court of Appeals for the Fifth Circuit
Decided January 16, 1984No. 82-3633PublishedCited by 21 opinions
1Opinion of the Court
GEE, Circuit Judge:
This is an appeal from an order of the district court dismissing an action brought under the Jones Act, 46 U.S.C. § 688 (1976), and, alternatively, under general maritime law. The primary question is whether American law applies to appellant’s claim and, if not, whether the district court abused its discretion in dismissing the case for forum non conveniens. We hold that American law does not govern appellant’s claim and that the district court did not abuse its discretion. However, because we feel that the order of dismissal may fail adequately to protect appellant’s…
2Cases cited19 opinions
- Lauritzen v. LarsenSupreme Court of the United States · 1953
- Hellenic Lines Ltd. v. RhoditisSupreme Court of the United States · 1970
- Maiter v. Chicago Board of EducationSupreme Court of the United States · 1981
- Alexander Chiazor v. Transworld Drilling Company, Ltd.Court of Appeals for the Fifth Circuit · 1981
- Maria Arlete Vaz Borralho v. Keydril Company, Key International Drilling Company, Ltd. And Key Perfuracoes Maritimas, Ltda.Court of Appeals for the Fifth Circuit · 1983
14 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- 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
- Gonzalo Sosa v. M/v Lago Izabal, Her Engines, Etc. And Tracey Navigation Co., Ltd., Tracey Navigation Co., Ltd.Court of Appeals for the Fifth Circuit · 1984
- Rosauro Quintero v. Klaveness Ship Lines, Torvald Klaveness & Co. A/s v. Rosauro Quintero and Frank SloanCourt of Appeals for the Fifth Circuit · 1990
- Koke v. Phillips Petroleum Co.Court of Appeals for the Fifth Circuit · 1984
- Carmen Rosa Josefa Gomez Sanchez Vda De Gonzalez v. Naviera Neptuno A.A., and El KollaoCourt of Appeals for the Fifth Circuit · 1987
16 more not listed; retrieve them via the Exa API.