Thomas Cook v. Champion Shipping As

MEMORANDUM

Plaintiff Thomas. Cook, an American crew member aboard the wooden sailing vessel Princess Taiping, appeals the district court’s dismissal of his diversity and maritime action on the basis of forum non conveniens. Plaintiff brought suit against Defendants Champion Shipping AS and Champion Tankers AS in California, seeking damages for injuries allegedly resulting from a collision between Champion’s vessel, M/V Champion Express, and Plaintiffs vessel, the Taiping, in international waters off the coast of Taiwan.

The district court first found that Hong Kong was an adequate alternative forum. Lueck v. Sundstrand Corp., 236 F.3d 1137, 1142 (9th Cir.2001). Next, the district court reasonably and thoroughly assessed all of the relevant private and public interest factors. Id. The district court recognized the great deference given to an American citizen’s choice of forum, see Piper Aircraft Co. v. Reyno, 454 U.S. 235, 255 , 102 S.Ct. 252 , 70 L.Ed.2d 419 (1981), but concluded that the balance of public and private factors weighed heavily in favor of dismissal. The district court found that material witnesses and documentary evidence for this dispute are primarily located in…