Harp v. Airblue Ltd.
879 F. Supp. 2d 1069
C.D. Cal.2012Background
- July 28, 2010 Airblue Flight 202 crashed near Islamabad, killing 152 people, including Pakistani and foreign nationals.
- Plaintiffs sue Airblue Ltd. in federal court for negligence arising from the crash; case was removed from Orange County Superior Court.
- Airblue is a Pakistani airline with HQ in Islamabad and is regulated by Pakistan's Civil Aviation Authority; it has no US operations.
- Settlement discussions occurred with several plaintiffs; on March 26, 2012 the court granted dismissal without prejudice for Non-Citizen Plaintiffs; Harp’s settlement was also reached.
- Court issues this order granting the motion to dismiss on forum non conveniens.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of Pakistan as an alternate forum | Pakistan is not adequate due to corruption, delays, discovery limits, high local costs, and safety concerns. | Pakistan is amenable to process and offers a satisfactory remedy; adequate forum on balance. | Pakistan is an adequate alternative forum. |
| Balancing private and public interests to determine dismissal | Home-forum bias and burdens of trial in Pakistan outweigh convenience. | Private and public interests favor dismissal to Pakistan as the forum with stronger ties. | Balance favors dismissal; forum non conveniens warranted. |
Key Cases Cited
- Piper Aircraft Co. v. Reyno, 454 U.S. 235 (U.S. 1981) (establishes forum non conveniens framework (adequacy and public/private interest))
- Carijano v. Occidental Petroleum Corp., 643 F.3d 1216 (9th Cir. 2011) (adequacy of foreign forum; burden on movant; competition of remedies)
- Lueck v. Sundstrand Corp., 236 F.3d 1137 (9th Cir. 2001) (balancing private/public interests; factors for convenience and access to proof)