Monday, May 06, 2013

Eleventh Circuit -- Sylvia Bapte, et al. v. West Caribbean Airways, et al.

Plaintiff who argues in foreign forum that the action is limited to the initial domestic forum due to the Montreal Convention (despite the fact that the initial domestic forum dismissed the action under forum non conveniens) is not entitled to relief in the domestic forum for changed circumstances when they prevail in the foreign forum.

Sylvia Bapte, et al. v. West Caribbean Airways, et al.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

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Author's SSRN page here.