Articles Posted in Aviation Law

√On Nov. 4, 2008, Ulrika Bjorkstam and Joseph Daniel Dray were injured in a plane crash in Mexico City.

On Nov. 3, 2009, the two injured parties filed a lawsuit against MPC Products Corp and Woodward Inc., which manufactured the horizontal stabilizer actuator that the plaintiffs alleged was faulty in the plane in which they were traveling.

MPC and Woodward’s principal place of business was in Illinois. However, the companies moved for a dismissal on the grounds of forum non conveniens, arguing that Harris County, Texas, was the more appropriate forum for this case. Forum non conveniens is Latin term used in the law that pertains to the place that is considered most convenient for the parties, discovery of the facts of the case and the eventual trial. In Illinois, the legal concept of forum non conveniens is discretionary with the judge presiding. The factors of the place of the controversy, the witnesses’ location, the residence of the defendant, the location of the place where a contract was made and other similar issues are weighed by the court if the venue of the case is challenged.

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