Babasola Kolawole v. Stacy Sellers
863 F.3d 1361
| 11th Cir. | 2017Background
- Dana Airlines Flight 992 crashed in Lagos, Nigeria on June 3, 2012; all passengers and crew and additional ground victims died. The flight recorder was partly destroyed; maintenance logs and reports implicated crew fuel-handling errors.
- The pilot (a U.S. citizen resident of Florida) had an open estate in Broward County; two separate wrongful-death actions were filed in Florida state and federal courts (Olojo and Obot), later consolidated for discovery and trial.
- Defendant Stacey Sellers, representative of the pilot’s estate, moved to dismiss under forum non conveniens. The district court dismissed claims brought on behalf of non-U.S. decedents (foreign decedents) but retained claims for U.S. citizen/resident decedents (domestic decedents).
- Plaintiffs sought reconsideration via Rules 59(e) and 60(b) and the district court denied relief; the court later entered a Rule 54(b) certification and Plaintiffs appealed.
- The Eleventh Circuit reviewed (for abuse of discretion) both: (1) dismissal for forum non conveniens and (2) denial of Rule 60(b) relief; it affirmed both the dismissal (as to foreign decedents) and denial of Rule 60(b).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness / finality of the dismissal order | Plaintiffs argued the dismissal order was not a final judgment; Rule 54(b) certification made their appeal timely | Sellers argued the dismissal was final and Plaintiffs missed the appeal window, so Rule 54(b) was improperly used to extend time | Court held the consolidated actions should be treated as one suit; the order was not final as to all claims and Rule 54(b) certification made the appeal timely |
| Availability and adequacy of Nigerian forum | Plaintiffs argued Nigeria was inadequate (danger, corruption, delay) | Sellers consented to jurisdiction, service, waiver of limitations, and liability in Nigeria; argued Nigeria is available and adequate | Court held Nigeria was available and adequate; Sellers met burden and Plaintiffs did not produce sufficient country-specific evidence of inadequacy |
| Private/public factors under forum non conveniens | Plaintiffs argued dismissal was improper given Plaintiffs’ interests and purported risks in Nigeria | Sellers and district court emphasized most proof and witnesses were in Nigeria, inability to compel nonparty Nigerian witnesses in U.S., localized interest of Nigeria, court congestion, and jury burden | Court held private and public factors favored dismissal of foreign-decendent claims; district court did not abuse discretion |
| Rule 60(b) motion for relief from judgment | Plaintiffs argued unique procedural posture (appeal pending) and that Sellers had not truly conceded liability in Nigeria, warranting relief under Rules 60(b)(3) and (6) | Sellers explained liability contest was inadvertent and later corrected; argued no fraud or extraordinary circumstance | Court held Plaintiffs failed to show fraud, misconduct, or extraordinary circumstances; denial of 60(b) relief affirmed |
Key Cases Cited
- Republic of Panama v. BCCI Holdings (Luxembourg) S.A., 119 F.3d 935 (11th Cir. 1997) (forum non conveniens standard and abuse-of-discretion review)
- Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981) (principles on forum non conveniens and deference to plaintiff’s forum choice)
- Leon v. Million Air, Inc., 251 F.3d 1305 (11th Cir. 2001) (adequacy of foreign forum need not be perfect; burden on plaintiff to show significant evidence of partiality or delay)
- La Seguridad v. Transytur Line, 707 F.2d 1304 (11th Cir. 1983) (forum non conveniens central purpose is convenience)
- Gulf Oil Corp. v. Gilbert, 330 U.S. 501 (1947) (classic articulation of private interest factors in forum non conveniens analysis)
- Lewis Charters, Inc. v. Huckins Yacht Corp., 871 F.2d 1046 (11th Cir. 1989) (test for whether consolidated suits remain separate for final-judgment purposes)
- Hertz Corp. v. Alamo Rent-A-Car, Inc., 16 F.3d 1126 (11th Cir. 1994) (procedural rules on motions for reconsideration and final judgment)
- Booker v. Singletary, 90 F.3d 440 (11th Cir. 1996) (Rule 60(b)(6) requires sufficiently extraordinary circumstances)