Civil Procedure
Forum non conveniens

A lawsuit arising out of airplane crash in Greece was properly dismissed on the ground of forum non conveniens.

"The ease of access to proof in Greece and Cyprus favors dismissing the plaintiffs' claims. The Greek investigation into the crash faulted both the airline crew and Boeing; the record therefore supports both the plaintiffs' product liability claim against Boeing and Boeing's defense that Helios was responsible for the crash. The sources of proof relevant to the product liability claim include evidence and witnesses located in the United States, most of which is in Boeing's possession. Boeing has agreed to make all evidence and witnesses in its possession available in Greece and Cyprus. The remainder of the relevant proof, however, is located primarily in Greece and Cyprus. This information includes the evidence and witnesses related to Helios and the flight crew, the primary investigations of the crash and the wreckage, the post-mortem examinations of the decedents, and evidence and witnesses related to the families' pain and suffering. The district court acted well within its discretion when it concluded that, given Boeing's agreement to produce its documents and witnesses in Cyprus and Greece and the location of the majority of other evidence in Cyprus and Greece, the relative ease of access to proof favored those forums over the United States."

Affirmed.

07-3810 Clerides v. Boeing Co.

Appeal from the United States District Court for the Northern District of Illinois, Lindberg, J., Ripple, J.

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