523 F. App'x 651
11th Cir.2013Background
- An Italian citizen and Italian business filed suit in SD Florida for damages suffered in Italy from an Italian cruise ship that ran aground off the Italian coast.
- The district court dismissed the case on forum non conveniens grounds, finding Italy an adequate and available forum.
- Giglio Sub S.N.C. and Onida appealed, challenging (i) the dismissal, (ii) the denial to strike evidence or grant a surreply, and (iii) the handling of allegedly defective declarations.
- The Eleventh Circuit reviews the challenged rulings for abuse of discretion and defers to district court balancing of factors.
- The court affirmed, holding no abuse of discretion in the forum non conveniens dismissal or in the related evidentiary rulings.
- The opinion cites Piper Aircraft Co. v. Reyno and related authority to support deference to the district court’s balancing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion in dismissing on forum non conveniens grounds | Giglio Onida argues dismissal was improper | Defendants contend Italy is an adequate forum and balancing favored dismissal | No abuse; dismissal affirmed |
| Whether the court erred in denying strike/surreply requests regarding evidence | Giglio Onida contend evidentiary handling was improper | Defendants maintained proper evidentiary ruling and response posture | No abuse; evidentiary rulings affirmed |
| Whether the court properly considered allegedly defective declarations | Declarations should be struck or scrutinized | Declarations were properly evaluated under abuse-of-discretion review | No abuse; proper consideration affirmed |
Key Cases Cited
- Piper Aircraft Co. v. Reyno, 454 U.S. 235 (U.S. 1981) (deference to balancing of forum non conveniens factors)
- Leon v. Millon Air, Inc., 251 F.3d 1305 (11th Cir. 2001) (burden to prove substantial delay or corruption in alternate forum)
- In re Clerici, 481 F.3d 1324 (11th Cir. 2007) (extremely deferential standard for abuse of discretion)
- United States v. Frazier, 387 F.3d 1244 (11th Cir. 2004) (abuse-of-discretion review en banc standard)
- Goldsmith v. Bagby Elevator Co., 513 F.3d 1261 (11th Cir. 2008) (evidentiary rulings reviewed for abuse of discretion)
- Membreño v. Costa Crociere S.P.A., 425 F.3d 932 (11th Cir. 2005) (reviewing dismissal based on forum non conveniens for abuse of discretion)