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IRISH NAT. INS. CO., LTD. v. AER LINGUS TEORANTA

Cal. No. 1172, Docket 84-7140.

739 F.2d 90 (1984)

IRISH NATIONAL INSURANCE COMPANY, LIMITED, Plaintiff-Appellant, v. AER LINGUS TEORANTA, d/b/a Aer Lingus-Irish Airlines, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 13, 1984.

Attorney(s) appearing for the Case

John R. Foster, New York City (Waesche, Sheinbaum & O'Regan, New York City, of counsel), for plaintiff-appellant.

Michael J. Holland, New York City (Condon & Forsyth, Stephen J. Fearon and Eugene Massamillo, New York City, of counsel), for defendant-appellee.

Speiser & Krause, New York City (Frank H. Granito, Jr. and Mark A. Pullano, New York City, on the brief), for amici curiae.

Before OAKES, VAN GRAAFEILAND and PIERCE, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

The doctrine of forum non conveniens ostensibly is invoked to determine in which of two jurisdictions a case should be tried. In some instances, however, invocation of the doctrine will send the case to a jurisdiction which has imposed such severe monetary limitations on recovery as to eliminate the likelihood that the case will be tried. When it is obvious that this will occur, discussion of convenience of witnesses takes on...

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