Bochetto, G. v. Dimeling, Schreiber & Park
151 A.3d 1072
| Pa. Super. Ct. | 2016Background
- On Sept. 15, 2009, a Piper-manufactured aircraft crashed in Portugal during a night training flight operated by the Aeronautical Academy of Evora (AAE); all three occupants died. Plaintiffs are estate representatives and family members of the decedents (mostly foreign nationals); the nominal plaintiff/administrator is a Pennsylvania resident.
- Plaintiffs sued multiple U.S.-based manufacturers and suppliers in Philadelphia County (products liability, negligence, warranty, fraud, conspiracy). Defendants are located in the United States; some are Pennsylvania companies.
- Defendants moved to dismiss on forum non conveniens grounds, arguing Portugal was the appropriate forum because the crash, the maintenance and recent operations, and many nonparty witnesses/documents are in Portugal; AAE/parent CAE implicated in the investigation are not amenable to U.S. jurisdiction.
- The trial court initially granted dismissal conditionally (Defendants stipulating to accept service/jurisdiction in Portugal); this Court reversed and remanded in Bochetto I for a fuller analysis of U.S.-wide contacts and both private and public Gulf Oil factors.
- After remand and additional discovery, the trial court again dismissed with prejudice on forum non conveniens (Dec. 23, 2015). Plaintiffs appealed, challenging deference afforded their forum choice, the weighing of private/public factors, emphasis on inability to join CAE/AAE in U.S., and consideration of U.S. deterrence interests.
- The Superior Court affirmed, holding the trial court did not abuse its discretion in (1) giving foreign plaintiffs reduced but appropriate deference, (2) qualitatively weighing Gulf Oil private/public factors, (3) crediting defendants’ inability to join CAE/AAE in the U.S., and (4) balancing U.S. deterrence interest against Portugal’s regulatory interest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Deference to plaintiffs' forum choice | Plaintiffs (Bochetto) argued their choice of Pennsylvania deserved significant deference because defendants and design/manufacture evidence are in U.S. | Defendants argued foreign plaintiffs receive less deference; Pennsylvania need not be preferred when more convenient forum exists | Court: Foreign plaintiffs get less deference; trial court gave "some" (not overwhelming) deference and did not abuse discretion |
| Weighing Gulf Oil private/public factors | Plaintiffs argued trial court ignored or failed to find any factor favoring them and improperly tallied factors | Defendants argued key evidence/witnesses and causation-related materials are in Portugal; qualitative, not numeric, weighing appropriate | Court: Trial court performed qualitative balancing (not a numeric tally) and reasonably concluded many factors were evenly balanced or favored Portugal |
| Joinder of CAE/AAE (third-party foreign defendants) | Plaintiffs contended trial court gave dispositive weight to defendants’ inability to join CAE/AAE in U.S., and shifted burden to plaintiffs; also argued AAE/CAE may not be amenable in Portugal | Defendants showed CAE/AAE (or relevant Portuguese subsidiaries) are subject to process in Portugal but not amenable to suit in U.S.; defending U.S. defendants would face duplicative indemnity actions abroad if tried in U.S. | Court: Trial court properly considered joinder/impleader problems (following Reyno); defendants met burden to show this weighed heavily for dismissal |
| U.S. interest in deterring defective American products | Plaintiffs argued the U.S. has substantial interest in deterrence and this should weigh against dismissal | Defendants argued Portugal has primary regulatory interest over operations and investigation; deterrence is not dispositive alone | Court: Trial court considered deterrence but reasonably balanced it equally against Portugal’s regulatory/local interest; no abuse of discretion |
Key Cases Cited
- Piper Aircraft Co. v. Reyno, 454 U.S. 235 (U.S. 1981) (forum non conveniens dismissal appropriate where joinder/impleader of foreign parties favors foreign trial to avoid duplicative suits)
- Gulf Oil Corp. v. Gilbert, 330 U.S. 501 (U.S. 1947) (framework of private and public factors for forum non conveniens analysis)
- Bochetto v. Piper Aircraft Co., 94 A.3d 1044 (Pa. Super. 2014) (earlier appellate opinion remanding for fuller consideration of U.S.-wide contacts and both private/public factors)
- Aerospace Finance Leasing, Inc. v. New Hampshire Ins. Co., 696 A.2d 810 (Pa. Super. 1997) (state forum non conveniens principles and analysis of deference to plaintiff's chosen forum)