Legal Opinion

Carmen Rosa Josefa Gomez Sanchez Vda De Gonzalez v. Naviera Neptuno A.A., and El Kollao

Court of Appeals for the Fifth Circuit

Decided November 25, 1987No. 86-2138PublishedCited by 41 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge:

Our opinion in this case has been held pending the en banc decision of this court in In Re: Air Crash Disaster near New Orleans, 821 F.2d 1147 (5th Cir.1987). Air Crash expressly overruled a long line of forum non conveniens cases decided by this Court in admiralty and maritime matters. 821 F.2d at 1162-63 n. 25. Bound by the decision of the en banc court that there is no need for a different analysis in maritime cases, the outcome of this case is predicated upon the dictates of Air Crash.

There are two separate problems presented by this case: (i) choice of law,…

2Cases cited10 opinions

  1. Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
  2. Piper Aircraft Co. v. ReynoSupreme Court of the United States · 1982
  3. Lauritzen v. LarsenSupreme Court of the United States · 1953
  4. Hellenic Lines Ltd. v. RhoditisSupreme Court of the United States · 1970
  5. 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

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3Cited by41 opinions

  1. Urvashi Bhatnagar, an Infant by Her Mother and Natural Guardian, Kalpana Bhatnagar Kalpana Bhatnagar, Individually v. Surrendra Overseas Limited Apeejay Lines, in Personam M v. Apj Karan, Her Engines, Boilers, Tackle, Etc. In Rem, Surrendra Overseas Limited, to the Res Apeejay Lines, in Personam and the M/v Apj Karan, Her Engines, Boilers, Etc. In Rem, in No. 93-2059. Urvashi Bhatnagar, an Infant by Her Mother and Natural Guardian, Kalpana Bhatnagar Kalpana Bhatnagar, Individually v. Surrendra Overseas Limited Apeejay Lines, in Personam M v. Apj Karan, Her Engines, Boilers, Tackle, Etc. In Rem, Urvashi Bhatnagar, an Infant by Her Mother and Natural Guardian, Kalpana Bhatnagar, and Kalpana Bhatnagar, Individually, in No. 93-2076Court of Appeals for the Third Circuit · 1995
  2. Albany Insurance Company v. Anh Thi KieuCourt of Appeals for the Fifth Circuit · 1991
  3. Aqua-Marine Constructors, Inc. v. BanksCourt of Appeals for the Ninth Circuit · 1997
  4. Rosauro Quintero v. Klaveness Ship Lines, Torvald Klaveness & Co. A/s v. Rosauro Quintero and Frank SloanCourt of Appeals for the Fifth Circuit · 1990
  5. Delgado v. Shell Oil Co.District Court, S.D. Texas · 1995

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