United States Eleventh Circuit

In a case involving the deadliest aviation disaster in Italian history between two jet airplanes, orders dismissing all European plaintiffs on forum non conveniens grounds and staying further proceedings in the one case brought by a U.S. citizen are vacated where: 1) the stay seems indefinite; and 2) whether the district court abused its discretion in dismissing the European plaintiffs will not be addressed on the merits as the most prudent course is to vacate that order and remand for further consideration in light of lifting the stay in the other case.

Appellate Information

• Decided 10/24/2007
• Published 10/24/2007

Judges

• CARNES, Circuit Judge:, Before CARNES and WILSON, Circuit Judges, and STAGG, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Joel D. Eaton, Podhurst Orseck, P.A., Herman J. Russomanno, Robert John Borrello, Russomanno & Borrello, P.A., Miami, FL, Gerald C. Sterns, OAkland, CA, Michael P. Verna, Bowles & Verna, LLP, Walnut Creek, CA, for Plaintiffs-Appellants.


• For Appellees:
  
• Henry C. Whitaker, Miguel A. Estrada, Matthew D. McGill, Gibson, Dunn & Crutcher, LLP, Washington, DC, Henry M. Knoblock, Stephen Coxhead, Knpoblock, Dohner, Kim & Copeland, South Miami, FL, for Defendants-Appellees.