Case Citator › In re Air Crash Disaster Near New Orleans, Louisiana on July 9, 1982

In re Air Crash Disaster Near New Orleans, Louisiana on July 9, 1982

Is it still good law? What later courts have actually done to this case.

Declined by some courts
Court
Fifth Circuit
Citation
821 F.2d 1147
Decided
Confirmed treatments
2
Flagged citations read
83 of 83
Citing cases (total)
375
Treatment dates
2002–2016
Declined by some courts
At least one reviewed court has declined to follow this case. No reviewed court has overruled it. In re Air Crash Disaster Near New Orleans, Louisiana on July 9, 1982 has been declined to follow: all 83 flagged citations have been read, and the 2 confirmed treatments are listed below. In re Complaint of Fantome, S.A. retained binding Eleventh Circuit choice-of-law doctrine instead of following the Fifth Circuit's contrary forum-non-conveniens rule.
More on how this was screened

Pablo Rion Y Asociados, S.A. de C.V. v. Dauajare chose a discretionary return-jurisdiction-clause approach under Texas common law rather than the mandatory rule traced to Air Crash Disaster. The other opinions reported Air Crash Disaster as the en banc decision that displaced older Fifth Circuit authorities, applied its surviving forum-non-conveniens rules, or appeared in superseded opinions.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

375 later cases cite In re Air Crash Disaster Near New Orleans, Louisiana on July 9, 1982; 83 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on In re Air Crash Disaster Near New Orleans, Louisiana on July 9, 1982?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Declined to follow

  • The court retained binding Eleventh Circuit doctrine making choice of law dispositive in Jones Act and maritime forum-non-conveniens cases instead of following Air Crash Disaster's contrary rule.

    In re Complaint of Fantome, S.A. · S.D. Fla. · filed

    Petitioners rely heavily on In re Air Crash Disaster Near New Orleans, La., 821 F.2d 1147 (5th Cir.1987), in which the Fifth Circuit decided to overrule Jones Act and maritime case law which employ a choice of law analysis in forum non conveniens cases. That case, which is not binding on this Court, held that the application of a choice of law analysis was inconsistent with Piper's pronouncement 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.” ... Thus, the Eleventh Circuit's holding in Szumlicz is still binding on this Court.
    Read the full opinion on CourtListener →

  • The Texas appellate court declined to follow the mandatory return-jurisdiction-clause rule traced to Air Crash Disaster and adopted a discretionary approach under Texas common law.

    Pablo Rion Y Asociados, S.A. de C.V. v. Dauajare · Texas Court of Appeals, Fourteenth District · filed

    The Fifth Circuit adheres to a bright-line rule, which PRA invites us to follow. The rule provides that the “failure to include a return jurisdiction clause in an f.n.c. dismissal constitutes a per se abuse of discretion.” ... The source of this rule does not appear to be from the United States Supreme Court. Instead, the rule seems to have originated from a concern that defendants may try to obstruct proceedings in the foreign forum after the case has been dismissed. See In re Air Crash Disaster Near New Orleans, La. on July 9, 1982, 821 F.2d 1147, 1166 (5th Cir. 1987) (en banc), vacated on other grounds sub nom. Pan Am. World Airways, Inc. v. Lopez, 490 U.S. 1032 (1989). ... We favor the discretionary approach. ... We believe that a discretionary approach is warranted here.
    Read the full opinion on CourtListener →

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