BHATNAGAR v. SURRENDRA OVERSEAS LTD.

Nos. 93-2059, 93-2076.

52 F.3d 1220 (1995)

Urvashi BHATNAGAR, an Infant by her Mother and Natural Guardian, Kalpana Bhatnagar; Kalpana Bhatnagar, Individually, v. SURRENDRA OVERSEAS LIMITED; Apeejay Lines, in personam; M.V. APJ Karan, her engines, boilers, tackle, etc. in rem, Surrendra Overseas Limited, Claimant to the Res; Apeejay Lines, in personam and the M/V APJ Karan, her engines, boilers, etc. in rem, Appellants in No. 93-2059. Urvashi BHATNAGAR, an Infant by her Mother and Natural Guardian, Kalpana Bhatnagar; Kalpana Bhatnagar, Individually, v. SURRENDRA OVERSEAS LIMITED; Apeejay Lines, in personam; M.V. APJ Karan, her engines, boilers, tackle, etc. in rem, Urvashi Bhatnagar, an infant by her Mother and Natural Guardian, Kalpana Bhatnagar, and Kalpana Bhatnagar, Individually, Appellants in No. 93-2076.

United States Court of Appeals, Third Circuit.

Decided April 17, 1995.


Attorney(s) appearing for the Case

William G. Downey (argued), Michael D. Greenberg, Clark, Ladner, Fortenbaugh & Young, Philadelphia, PA, for Surrendra Overseas, Apeejay Lines and M/V APJ Karan.

Lenore E. McQuilling (argued), Harold Gordon, Kahn & Gordon, P.C., New York City, for Urvashi Bhatnagar and Kalpana Bhatnagar.

Before: SCIRICA, LEWIS and ROSENN, Circuit Judges.


OPINION OF THE COURT

LEWIS, Circuit Judge.

This case principally involves an issue of first impression for this court: can extreme delay in an alternative forum render that forum inadequate for purposes of assessing a forum non conveniens motion? We answer that question in the affirmative, and then address a number of issues arising from the trial of this matter.

This case comes to us after final judgment in rem in favor of plaintiff...

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