Schijndel

Schijndel v. Boeing Co.

Good Law
263 F. App'x 555
United States Court of Appeals for the Ninth CircuitJanuary 7, 2008No. 06-55930California614 words

Opinion

lead Opinion

MEMORANDUM *

The Van Schijndels appeal from the district court’s grant of defendants’ motion to dismiss on forum non conveniens grounds. We affirm the district court.

I

The previous Ninth Circuit decision did not preclude consideration of additional motions based on forum non conveniens. In Van Schijndel I, the panel majority expressed no opinion as to whether the facts of the case warranted dismissal on the ground of forum non conveniens, nor did it instruct the district court not to consider renewed forum non conveniens motions. As a result, the only “law of the case” established by the panel opinion was a requirement that the district court not repeat the errors of its earlier analysis.

*557 In granting the renewed motion for dismissal for forum non conveniens, the district court avoided the errors identified in Van Schijndel I. The court explicitly held that Singapore was an adequate alternative forum and compared the Van Schijndels’ choice of forum with Singapore. In addition, the court made clear its understanding that the Van Schijndels’ claims were based on product liability for faulty manufacturing of evacuation and emergency equipment, rather than on the integrity of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.