Florida Court Concludes Claims Arising from Nigerian Plane Crash Brought by Estates of U.S. Citizens or Residents Can Be Heard in United States
In June 2012, a plane carrying 153 people, including several Americans, crashed on approach to a Nigerian airport. The flight was domestic to Nigeria, traveling from Abuja to Lagos, Nigeria. Mass-tort lawsuits were filed in the United States, both by the estates of individuals who were citizens or residents of Nigeria (or other foreign countries) and by the estates of individuals who were U.S. citizens or residents. The estate of the pilot moved to dismiss the U.S. cases on forum non conveniens grounds.
The U.S. District Court for the Southern District of Florida ruled that the Nigerian forum is appropriate for claims brought by the estates of citizens or residents of Nigeria or other non-U.S. countries given the public and private interest factors involved, including the defendant’s willingness to concede liability for claims refiled in Nigeria. The court, however, concluded that the United States was the most appropriate and convenient forum for claims brought by the estates of U.S. citizens or residents, which claims remain pending in U.S. federal court.
