Mound Cotton Wollan & Greengrass



United States: 

Jones v. FC United states, Inc., D/b/a Liberty Travel


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MCWG Decisions, 2017
Jones v. FC United states, Inc., d/b/a Liberty Journey, No. 17-1126,
2017 WL 5453497 (E.D.Pa. Nov. 14, 2017)
MCWG effectively moved on behalf of its shopper, Liberty Travel,
to dismiss a scenario submitted in the Jap District of Pennsylvania.
The case, a carelessness action, arose from a sexual assault at a
vacation resort in Punta Cana in the Dominican Republic. Plaintiff alleged
that though at the resort, she booked a seashore tour that
integrated a therapeutic massage. After at the beach, she requested her
massage and the person she thought to be the masseuse sexually
assaulted her. Plaintiff, a Maryland resident, filed suit in a
federal court in Pennsylvania. Liberty Journey moved to dismiss on
the grounds of absence of personal jurisdiction, forum non conveniens,
and failure to state a declare upon which relief can be
granted. Because U.S. Supreme Courtroom precedent allows a
district court to tackle the issue of discussion board non conveniens without
first deciding private jurisdiction, the Courtroom targeted on the
discussion board non conveniens argument. By means of the use of an professional
well-versed in Dominican legislation, MCWG productively demonstrated to the
Court docket that the Dominican Republic was an satisfactory, offered
discussion board. Though the Court docket disagreed with MCWG that
Plaintiff’s choice of forum ought to be offered fewer deference
mainly because she did not sue in her household point out of Maryland, MCWG,
however, succeeded in convincing the Court that the private
curiosity components, this kind of as the spot of witnesses in the
Dominican Republic and their absence of availability in a US court docket,
favored dismissal. The Court also agreed with MCWG that the
public interest variables, such as the Dominican Republic’s
considerable fascination in the protection of visitors at resorts in its
borders, warranted dismissal. Thus, the Courtroom dismissed the
action from the Jap District of Pennsylvania less than the doctrine
of forum non conveniens.
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