Fireman's Fund Insurance v. Thyssen Mining Construction of Canada, Ltd.
2012 U.S. App. LEXIS 25932
| 10th Cir. | 2012Background
- Fireman’s Fund and Zurich sue Thyssen and MTM as subrogees of Boart Longyear for negligence in Canada over a mine collapse.
- MTM is a Thyssen-Mudjatik joint venture formed to excavate at the Cigar Lake Mine in Saskatchewan.
- In Oct. 2006 MTM underground tunnel collapsed, damaging Boart Longyear equipment worth $3,766,000.
- Plaintiffs paid Boart Longyear; seek damages for allegedly negligent drilling and blasting.
- Plaintiffs filed a Saskatchewan suit in 2009; a New Mexico case was filed in 2009, removed to federal court; district court dismissed MTM for lack of jurisdiction and then on forum non conveniens, which Plaintiffs appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MTM is subject to New Mexico personal jurisdiction | MTM may be subject via Thyssen as its agent | Agency theory fails; Thyssen’s NM contacts are unrelated to MTM | MTM lacks minimum contacts; agency theory does not confer jurisdiction |
| Whether dismissal under forum non conveniens was proper given Canada as alternative forum | Canada may not be an adequate alternative due to possible statute of limitations | Canada is adequate and presently available; US forum inconvenient | Remand; Canadian forum adequacy depends on statute of limitations ruling; do not dismiss yet |
Key Cases Cited
- Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1971) (forum non conveniens deference with caution)
- Gschwind v. Cessna Aircraft Co., 161 F.3d 602 (10th Cir. 1998) (adequate forum requires availability and adequacy)
- Norex Petroleum Ltd. v. Access Industries, Inc., 416 F.3d 146 (2d Cir. 2005) (adequacy of foreign forum depends on timely filing and remedies)
- World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (1980) (purposeful availment and foreseeability for specific jurisdiction)
- Asahi Metal Indus. Co., Ltd. v. Superior Ct., 480 U.S. 102 (1987) (minimum contacts and fair play analysis)
- Intercon, Inc. v. Bell Atl. Internet Solutions, Inc., 205 F.3d 1244 (10th Cir. 2000) (minimum contacts and relatedness standard)
- Rambo v. American S. Ins. Co., 839 F.2d 1415 (10th Cir. 1988) (de novo review of jurisdictional question)