Tazoe v. Airbus S.A.S.
631 F.3d 1321
| 11th Cir. | 2011Background
- July 17, 2007 TAM Flight 3054 crashed in São Paulo, Brazil, killing 187 onboard and 12 on the ground; one US citizen, Roberto Tazoe, died.
- Airbus S.A.S. manufactured the airplane; engines by International Aero Engines; brakes/thrust reversers by Goodrich; TAM leased the aircraft from Pegasus.
- The accident involved an inoperative thrust reverser; pilots followed a faulty procedure, causing the crash after landing.
- In the following years, ~80 actions were filed in SD Fla by family members; TAM settled with many; Airbus and manufacturers faced consolidated actions.
- District court granted forum non conveniens dismissal, finding Brazil an adequate and available forum with private/public factors favoring dismissal; Brazil allowed reinstitution of suits within 120 days.
- Anna Finzsch’s complaint was sua sponte dismissed before service; this specific dismissal was later found to be improper and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brazil is an adequate and available forum | Brazil provides remedy for Brazilian plaintiffs | Brazil is available and adequate; U.S. forum burdens outweigh | Brazil is adequate and available; dismissal affirmed for Brazilian plaintiffs |
| Whether public/private factors support dismissal for Brazilian plaintiffs | U.S. forum is superior for discovery and proof | Brazil better aligns with witnesses, law, and local interests | Public and private factors favor dismissal |
| Whether Brazilian family members can reinstate in Brazil without undue burden | Reinstatement would be burdensome or prejudicial | Defendants will toll and facilitate reinstitution in Brazil | Reinstatement in Brazil feasible; dismissal upheld |
| Whether the district court erred in giving greater deference to a US citizen plaintiff in forum selection (Tazoe) | SME Racks requires protection of US citizen forum access | No manifest injustice; factors still favor dismissal | No abuse of discretion; dismissal affirmed for Tazoe plaintiffs |
| Whether the sua sponte dismissal of Finzsch’s complaint without notice violated due process | Finzsch entitled to notice and hearing before dismissal | Procedural differences are inconsequential | District court abused its discretion; Finzsch’s dismissal reversed and remanded |
Key Cases Cited
- Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981) (forum non conveniens factors; deference to trial court balancing)
- Leon v. Millon Air, Inc., 251 F.3d 1305 (11th Cir.2001) (standard for reviewing forum non conveniens; requires reasonableness)
- Aldana v. Del Monte Fresh Produce N.A., 578 F.3d 1283 (11th Cir.2009) (availability and adequacy of a foreign forum; separate considerations)
- SME Racks, Inc. v. Sistemas Mecanicos Para Electronica, S.A., 382 F.3d 1097 (11th Cir.2004) (strong deference to plaintiff’s forum in US citizen cases; local interest)
- Da Rocha v. Bell Helicopter Textron, Inc., 451 F. Supp. 2d 1318 (S.D. Fla. 2006) (considerations of foreign forum adequacy in aviation mass torts)