Michelle Trotter v. 7R Holdings LLC

873 F.3d 435, 2017 WL 4543696, 2017 U.S. App. LEXIS 19917
CourtCourt of Appeals for the Third Circuit
DecidedOctober 12, 2017
Docket16-1967
StatusPublished
Cited by33 cases

This text of 873 F.3d 435 (Michelle Trotter v. 7R Holdings LLC) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michelle Trotter v. 7R Holdings LLC, 873 F.3d 435, 2017 WL 4543696, 2017 U.S. App. LEXIS 19917 (3d Cir. 2017).

Opinion

OPINION OF THE COURT

GREENAWAY, JR., Circuit Judge.

In this appeal, we must determine whether the District Court properly exercised its power to dismiss a case pursuant to the forum non conveniens doctrine when it dismissed Appellant’s claims under the Jones Act, 46 U.S.C. § 30104 (2012), and general maritime laws for unseaworthiness, negligence, and maintenance- and cure. We shall-affirm the District. Court in two steps. First, we hold that the general presumption that “[t]he possibility of a change in substantive law should ordinarily not be given, conclusive or even substantial weight in the forum non conveniens inquiry,” Piper Aircraft Co. v. Reyno, 454 U.S. 235, 247, 102 S.Ct. 252, 70 L.Ed.2d 419 (1981), applies to these claims (a) because the remedy provided by the alternative forum is not ¡clearly inadequate and (b> because the Jones Act does not contain a special venue provision. Second, we hold that the District Court did not abuse its discretion in exercising its forum non con-veniens power (a) because the District Court correctly determined that an adequate alternative forum existed and (b) because the District Court reasonably balanced the relevant private and public interest factors.

I.

This case arises from the follówing facts. Luis A. Rubi (“Rubi”), a U.S. citizen, serves as the Director of 7R Holdings, LLC, a limited liability company with its principal place of business in Puerto Rico. 7R Holdings holds 7R Charters Limited. 1 7R Charters owned M/Y Olga, a yacht registered in the British Virgin Islands (“BVI”). Bernard Calot captains M/Y Olga. In a series of conversations over email and the telephone, Captain Calot, while in Puerto Rico, hired Michelle Trotter (“Trotter”), while in Florida, to work as a chef on M/Y Olga. On December 19, 2012, Trotter boarded M/Y Olga in St. Thomas, U.S. Virgin Islands (“USVI”). On December 24, 2012, M/Y Olga traveled to Scrub Island, BVI, and let down its anchor, Trotter allegedly sustained an injury while descending stairs that connected M/Y Olga to Scrub Island’s dock. Shortly after the accident, Trotter received treatment for her alleged injuries at a BVI hospital and then flew back to Florida.

Trotter sued Rubi, 7R Holdings, and M/Y - Olga (“Appellees”) in the District Court of the Virgin Islands pursuant to the Jones Act and general maritime laws for the personal injury that she claims that she sustained bn Scrub Island. Appellees moved to dismiss Trotter’s complaint for forum non conveniens.

The District Court granted the motion. The District Court, relying on Eurofins Pharma U.S. Holdings v. BioAlliance Pharma SA, 623 F.3d 147 (3d Cir. 2010), divided its decision into two parts. First, it found that the alternative forum, the BVI, qualified as an- adequate alternative forum. Second, it held that the balance of the public and private interests overcame Trotter’s choice of forum.

Oh appeal, Trotter raises two issues. First, Trotter argues that, as a matter of law, we should vacate the District Court’s decision because the District Court failed to perform a choice of law analysis before dismissing Trotter’s complaint pursuant to forum non conveniens. Second, Trotter asserts that we should vacate the District Court’s decision because the District Court-abused its discretion by granting the motion to dismiss pursuant to forum non conveniens. Appellees insist that these arguments lack merit. We agree and will affirm.

II. 2

In resolving this case, we must address two issues. First, did the District Court err in failing to determine whether U.S. law applies before deciding forum non conveniens? Second, did the District Court abuse its discretion in dismissing Trotter’s claims for forum non conve-niens"! We review the first question de novo, Mahiscalco v. Brother Int’l (USA) Corp., 709 F.3d 202, 206 (3d Cir. 2013), and the second question for abuse of discretion, Kisano Trade & Invest Ltd. v. Lemster, 737 F.3d 869, 872 (3d Cir. 2013).

A.

The District Court did not err in failing to determine whether U.S. law applies before dismissing the case for forum non conveniens. This conclusion rests on the Supreme Court’s forum non conveniens jurisprudence.

The Supreme Court, “in one form of words or another, has repeatedly recognized the existence of the power to decline jurisdiction in exceptional circumstances.” Gulf Oil Corp. v. Gilbert,. 330 U.S. 601, 504, 67 S.Ct. 839, 91 L.Ed. 1055 (1947). One example of this power is the principle of forum non conveniens. “The principle of forum non conveniens is simply that a court may resist imposition upon its jurisdiction even when jurisdiction is authorized by the letter of a general venue statute.” Id. at 507, 67 S.Ct. 839. A court may exercise this power when litigating the ease in the chosen forum would either oppress a defendant “out of all proportion to plaintiffs convenience” or cause the court “administrative and legal problems.” Piper Aircraft Co., 454 U.S. at 241, 102 S.Ct. 252 (internal quotation marks omitted).

In deciding whether a venue would oppress a defendant, courts may consider “private interests,”, such as access to proof, availability of process, and other practical issues. Gulf Oil, 330 U.S. at 508, 67 S.Ct. 839. In determining whether a venue would cause administrative or legal problems, courts may consider “public interests,” such as the burdens on the courts and local juries. Id. at 508-09, 67 S.Ct. 839. “[T]he combination and weight of factors requisite to given results are difficult to forecast or state ....” Id. at 508, 67 S.Ct. 839. As a result, “The forum non conve-niens determination is committed to the sound discretion of the trial court” and “[i]t may be reversed only when there has been a clear abuse of discretion.” Piper Aircraft Co., 454 U.S. at 257, 102 S.Ct. 252. “[W]here the court has considered all relevant public and private interest factors, and where its balancing of these factors is reasonable, its decision deserves substantial deference.” Id.

In Piper Aircraft Co., a case involving wrongful-death actions, the Supreme Court held that “[t]he possibility of a change in substantive law should ordinarily not be given conclusive or even substantial weight in the forum non conveniens inquiry.” Id. at 247, 102 S.Ct. 252 (emphasis added). The Supreme Court came to this conclusion because privileging this factor would prevent the doctrine from serving private and public interests. It would undermine the private interests because “[i]f substantial weight were given to the possibility of an unfavorable change in law ..., dismissal might be barred even where trial in the chosen forum was plainly inconvenient.” Id. at 249,102 S.Ct. 252. It would harm the public interests because “[i]f the possibility of a change in law were given substantial weight ...

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873 F.3d 435, 2017 WL 4543696, 2017 U.S. App. LEXIS 19917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michelle-trotter-v-7r-holdings-llc-ca3-2017.