19 F.4th 41
1st Cir.2021Background
- In summer 2018, U.S. citizens Cindy Curtis and Demetre Cambouris were injured when the M/V Galani (owned by Massachusetts resident Nicholas Galakatos) struck and sank Cambouris's boat in the Paros–Antiparos Strait, Greece; the Galani was piloted by a Greek citizen, Dimitrios Faroupos.
- Curtis sustained severe injuries, was treated in Greece and the U.S., and required ongoing care; Greek authorities conducted a Port Authority investigation and obtained 13 sworn statements; a criminal prosecution of Faroupos remains pending in Greece.
- Six months after the collision, Curtis and Cambouris sued Galakatos in federal court in Massachusetts for maritime negligence, loss of consortium, and property damage; Galakatos moved to dismiss on forum non conveniens grounds, offering a bare affidavit asserting most witnesses live in Greece and a Greek lawyer’s statement listing 13 individuals from the Port Authority investigation.
- The district court granted dismissal, finding Greece the more appropriate forum because key witnesses and evidence were in Greece and a Greek court could compel their testimony.
- The First Circuit reversed, holding the district court abused its discretion by accepting inadequate evidence about witnesses’ residency, unwillingness, and relevance and by underweighing plaintiffs’ burdens (notably Curtis’s physical and emotional hardship in returning to Greece).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an adequate alternative forum exists | Curtis: Greece is adequate only if defendants show it will afford remedies; plaintiffs conceded adequacy on appeal | Galakatos: Greece is adequate; he agreed to jurisdiction and waive statute-of-limitations defenses | Court: Adequacy conceded by plaintiffs on appeal (not dispositive to reversal) |
| Burden to prove witness inconvenience and relevance | Curtis: Defendant failed to show witnesses are Greek residents, would be unwilling to testify in U.S., or that their testimony is critical | Galakatos: No detailed proof required; his affidavit and list of statements suffice to show witnesses are in Greece and relevant | Court: Reversed — defendant did not provide enough evidence about residency, unwillingness, or relevance; district court erred in relying on bare assertions |
| Weight of public-interest factors (foreign-law familiarity, local interest) | Curtis: U.S. interest in adjudicating disputes between U.S. citizens and untranslated evidence can be handled electronically | Galakatos: U.S. contacts are attenuated; Greek law and local interest favor Greece | Court: Some public factors favored Greece (location of accident, foreign-law issues), but not enough given failures on private-interest showing |
| Whether district court abused its discretion in dismissing | Curtis: District court misweighed private factors and failed to consider Curtis’s physical/emotional burden | Galakatos: District court properly balanced factors and could rely on Greek investigation/witness list | Court: Abuse of discretion — reversal and remand because district court relied on insufficient evidence and undervalued plaintiffs’ burdens |
Key Cases Cited
- Nandjou v. Marriott Int'l, Inc., 985 F.3d 135 (1st Cir. 2021) (forum non conveniens framework and witness-location considerations)
- Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981) (defendants must give "enough information" about witnesses; detailed witness affidavits not always required)
- Mercier v. Sheraton Int'l, Inc., 935 F.2d 419 (1st Cir. 1991) (forum non conveniens adequacy and balancing; treating foreign-law unfamiliarity)
- Mercier v. Sheraton Int'l, Inc., 981 F.2d 1345 (1st Cir. 1992) (clarifying evidentiary expectations for witness availability)
- Interface Partners Int'l, Ltd. v. Hananel, 575 F.3d 97 (1st Cir. 2009) (no blanket rule requiring detailed witness affidavits; burden remains on defendant)
- Iragorri v. Int'l Elevator, Inc., 203 F.3d 8 (1st Cir. 2000) (flexibility in forum non conveniens analysis; consider emotional/physical burdens on plaintiffs)
- Shinya Imamura v. Gen. Elec. Co., 957 F.3d 98 (1st Cir. 2020) (two-step burden: adequate alternative forum then balancing public/private interest factors)
- Gulf Oil Corp. v. Gilbert, 330 U.S. 501 (1947) (list of public- and private-interest factors for forum non conveniens analysis)