857 F.3d 754
7th Cir.2017Background
- The dispute concerns the Old Mill, a historic 1902 Belgrade property allegedly owned by plaintiffs' ancestors, later nationalized by Tito and later sold under Milosevic-era transfers to private developer Prigan Holding.
- Plaintiffs Alexis Veljkovic (U.S. citizen, Illinois) and Nicholas Dimic (Canadian, resident of Paris) allege Carlson (Carlson Rezidor Hotel Group) collaborated with Prigan to retrofit the Old Mill into a Radisson Blu hotel and seek damages and restoration.
- Plaintiffs allege post-2009 harms after a Serbian court rehabilitated Veljkovic’s ancestors; they claim Carlson knowingly interfered with restitution efforts.
- Carlson does not own the property; it licensed the Radisson brand and participates in hotel management. Prigan Holding owns the hotel/property in Belgrade.
- Defendants agreed to submit to the Serbian Restitution Agency (SRA), the administrative body created by Serbia’s 2011 Restitution Act to resolve restitution claims and grant remedies (bonds, return of commercial buildings, profit-sharing).
- The U.S. district court dismissed the Illinois suit on forum non conveniens grounds, finding Serbia and the SRA the appropriate forum; the Seventh Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper forum / forum non conveniens | Illinois is proper because Veljkovic is a U.S. resident with claims for damages and conversion | Serbia is the appropriate forum; defendants consented to SRA jurisdiction and key facts/law are Serbian | Affirmed dismissal for forum non conveniens; Serbia/SRA is more appropriate |
| Adequacy of alternative forum (SRA) | SRA lacks jurisdiction over Carlson and offers inadequate remedies | SRA is empowered by Restitution Act to adjudicate rights and provide substantial remedies (bonds, return, profit-sharing); defendants consented | SRA is an adequate, legitimate forum despite being nonjudicial; no reason to doubt adequacy |
| Plaintiffs’ legal interest / standing to sue in U.S. | Plaintiffs claim family interest and post-2009 harms from defendant conduct | Plaintiffs produced no documentary proof of inherited title; dispute centers on Serbian property law | Court rejects ancestral-continuing-wrong theory; plaintiffs’ claims belong to Serbian restitution process |
| Personal jurisdiction / connection to Illinois | Veljkovic’s residence in Illinois ties matter to U.S. courts | Dispute has no meaningful connection to Illinois; Carlson’s Illinois presence unrelated to this suit | Daimler principles imply insufficient relation; dismissal appropriate |
Key Cases Cited
- Piper Aircraft Co. v. Reyno, 454 U.S. 235 (forum non conveniens factors guide dismissal)
- In re African-American Slave Descendants Litigation, 471 F.3d 754 (7th Cir. 2006) (descendants cannot sue for harms solely to ancestors without showing personal injury)
- Daimler AG v. Bauman, 571 U.S. 117 (2014) (limits on general jurisdiction based on corporate contacts with forum)
- Lueck v. Sundstrand Corp., 236 F.3d 1137 (9th Cir. 2001) (nonjudicial adjudicatory forums can be adequate alternatives)