Jones v. FC Usa, Inc., D/b/a Liberty Travel – Litigation, Mediation & Arbitration

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United States: &#13
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Jones v. FC United states, Inc., D/b/a Liberty Travel&#13

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MCWG Decisions, 2017

Jones v. FC United states, Inc., d/b/a Liberty Journey, No. 17-1126,&#13
2017 WL 5453497 (E.D.Pa. Nov. 14, 2017)

MCWG effectively moved on behalf of its shopper, Liberty Travel,&#13
to dismiss a scenario submitted in the Jap District of Pennsylvania.&#13
The case, a carelessness action, arose from a sexual assault at a&#13
vacation resort in Punta Cana in the Dominican Republic. Plaintiff alleged&#13
that though at the resort, she booked a seashore tour that&#13
integrated a therapeutic massage.  After at the beach, she requested her&#13
massage and the person she thought to be the masseuse sexually&#13
assaulted her. Plaintiff, a Maryland resident, filed suit in a&#13
federal court in Pennsylvania. Liberty Journey moved to dismiss on&#13
the grounds of absence of personal jurisdiction, forum non conveniens,&#13
and failure to state a declare upon which relief can be&#13
granted.  Because U.S. Supreme Courtroom precedent allows a&#13
district court to tackle the issue of discussion board non conveniens without&#13
first deciding private jurisdiction, the Courtroom targeted on the&#13
discussion board non conveniens argument.  By means of the use of an professional&#13
well-versed in Dominican legislation, MCWG productively demonstrated to the&#13
Court docket that the Dominican Republic was an satisfactory, offered&#13
discussion board.  Though the Court docket disagreed with MCWG that&#13
Plaintiff’s choice of forum ought to be offered fewer deference&#13
mainly because she did not sue in her household point out of Maryland, MCWG,&#13
however, succeeded in convincing the Court that the private&#13
curiosity components, this kind of as the spot of witnesses in the&#13
Dominican Republic and their absence of availability in a US court docket,&#13
favored dismissal.  The Court also agreed with MCWG that the&#13
public interest variables, such as the Dominican Republic’s&#13
considerable fascination in the protection of visitors at resorts in its&#13
borders, warranted dismissal.  Thus, the Courtroom dismissed the&#13
action from the Jap District of Pennsylvania less than the doctrine&#13
of forum non conveniens.

The information of this post is supposed to offer a standard&#13
manual to the matter subject. Specialist information should really be sought&#13
about your certain conditions.

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