Do Rosário Veiga v. World Meteorological Organisation

486 F. Supp. 2d 297, 2007 U.S. Dist. LEXIS 33879, 2007 WL 1345202
CourtDistrict Court, S.D. New York
DecidedMay 7, 2007
Docket07-CIV-3182VM
StatusPublished
Cited by21 cases

This text of 486 F. Supp. 2d 297 (Do Rosário Veiga v. World Meteorological Organisation) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Do Rosário Veiga v. World Meteorological Organisation, 486 F. Supp. 2d 297, 2007 U.S. Dist. LEXIS 33879, 2007 WL 1345202 (S.D.N.Y. 2007).

Opinion

DECISION AND ORDER

MARRERO, District Judge.

Plaintiff Maria Do Rosario Veiga (“Vei-ga”), a citizen of Portugal and Italy, brought this action naming as defendants her former employer, the World Meteorological Organisation (“WMO”), an international organization headquartered in Geneva, Switzerland, as well as Michel Jarraud (“Jarraud”), a French national, who is a Secretary General of the WMO and a resident of Switzerland; Joachim Muller (“Muller”), a German national, who is a Director of the WMO and a resident of Switzerland; Jorge Cortes (“Cortes”), an American national who is a Director of the WMO and a resident of Switzerland; and Iwona Rummel-Bulska (“Rummel-Buls-ka”), a Polish national who is a former legal advisor of the WMO and now a resident of Nairobi, Kenya (collectively “Defendants”). Because on its face the complaint indicates that all material events and operative facts that gave rise to the action occurred at the WMO in Geneva, that the parties, witnesses, and documents associated with the case are situated primarily in Switzerland, and that Veiga’s substantive claims for relief are grounded on various instruments of international law, as well as local and federal law of Switzerland and the United States, the Court directed Veiga to show cause why this action should not be dismissed under the doctrine of forum non conveniens. Veiga responded by letter, urging the Court to permit the litigation of the case in this District. The Court finds no merit in any of Veiga’s arguments, nor any other compelling ground supporting the continuation of this action here. Accordingly, for the reasons stated below, the Court dismisses this action pursuant to the doctrine of forum non conveniens.

I. FACTS

Veiga asserts that she currently resides in Portugal, and that she was employed by the WMO as Chief of Internal Audit and Investigation Service at the organization’s headquarters in Geneva, Switzerland for three years, until her alleged wrongful termination in November 2006. In that capacity, she was assigned to investigate certain allegations of fraud and embezzlement of WMO funds. She states that an investigation she conducted revealed an unlawful scheme involving over $3.5 million of WMO funds that were used improperly to influence the 2003 election for WMO Secretary General, which resulted in the selection of Jarraud. The results of that investigation were turned over to Swiss criminal justice authorities.

*301 According to Veiga, at a meeting of the WMO Audit Committee in February 2005, she was instructed by Jarraud and the Committee to close her internal investigation by March 2005, allegedly because Vei-ga was close to revealing the connection of Jarraud to the fraudulent use of WMO funds. Veiga asserts that as a consequence of her work and the information about the alleged misconduct she acquired in connection with this matter, she was subjected by Jarraud, Muller, Rummel-Bulska, and Cortes to various acts of intimidation, harassment, threats, diminution of job responsibilities, and eventually to retaliatory termination of her employment by the WMO in November 2006, allegedly on false grounds of misconduct on her part.

Veiga pleads several common law causes of action, specifically breach of contract, wrongful termination, intentional interference with a contractual relationship, breach of covenant of good faith and fair dealing, intentional infliction of emotional distress, defamation, and violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961 et seq. As grounds for the Court’s exercise of authority to adjudicate this action, she invokes the Alien Tort Statute (“ATS”), 28 U.S.C. § 1350 and federal question jurisdiction under 28 U.S.C. § 1331. As substantive bases of relief, she cites various sources of international law and Swiss laws, as well as federal and New York state law.

II. DISCUSSION

As a threshold matter, the Court is guided in its ruling on this matter by a statement of the Second Circuit noting that “the Supreme Court observed that the doctrine of forum non conveniens ‘leaves much to the discretion of the court’ ... and the cases ... confirm that the discretion is wide.” Schertenleib v. Traum, 589 F.2d 1156, 1164 (2d Cir.1978) (quoting Gulf Oil Corp. v. Gilbert 330 U.S. 501, 508, 67 S.Ct. 839, 91 L.Ed. 1055 (1947)); The Circuit Court has further elaborated that the doctrine is based on the principle that “ ‘a court may resist imposition upon its jurisdiction even when jurisdiction is authorized ....’” Norex Petroleum Ltd. v. Access Indus., Inc., 416 F.3d 146, 153 (2d Cir.2005) (quoting Gilbert, 330 U.S. at 507, 67 S.Ct. 839); see also Royal Indus. v. Kraft Foods Inc., 926 F.Supp. 407, 415 (S.D.N.Y.1996) (“Dismissal of a case on forum non conveniens grounds is discretionary and should only be granted ‘when trial in the chosen forum would “establish ... oppressiveness and vexation to a defendant ... out of proportion to plaintiffs convenience” or when “the chosen forum [is] inappropriate because of considerations affecting the court’s own administrative and legal problems.” ’ ” (quoting Piper Aircraft v. Reyno, 454 U.S. 235, 241, 102 S.Ct. 252, 70 L.Ed.2d 419 (1981) (quoting Koster v. Lumbermens Mut. Cas. Co., 330 U.S. 518, 524, 67 S.Ct. 828, 91 L.Ed. 1067 (1947)).

Courts in this Circuit employ a three-part test to analyze the application of the forum non conveniens doctrine. See Iragorri v. United Techs. Corp., 274 F.3d 65, 73-74 (2d Cir.2001) (en banc); see also Norex Petroleum, 416 F.3d at 153. Initially, the court determines the degree of deference that should be accorded to the plaintiffs choice of forum. Second, the court considers whether there exists an available and adequate alternative forum where the dispute could be adjudicated. See Gilbert, 330 U.S. at 506-07, 67 S.Ct. 839; Piper Aircraft, 454 U.S. at 254 n. 22, 102 S.Ct. 252. This inquiry consists of two parts: availability and adequacy. Ordinarily, the availability requirement is met if the defendant is amenable to process in *302 the alternative forum. See Gilbert, 330 U.S. at 507, 67 S.Ct. 839 (noting that the doctrine “presupposes at least two forums in which the defendant is amenable to process”); see also Piper Aircraft, 454 U.S. at 254 n. 22, 102 S.Ct. 252. The adequacy test addresses the sufficiency of the alternative forum as a source of remedies for the wrongs the plaintiff claims. See Piper Aircraft, 454 U.S. at 254, 102 S.Ct.

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486 F. Supp. 2d 297, 2007 U.S. Dist. LEXIS 33879, 2007 WL 1345202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/do-rosario-veiga-v-world-meteorological-organisation-nysd-2007.