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ARTICLE · 02 MAY 2019

Forum Non Conveniens – US Court Declines Jurisdiction

Alexander Holburn Beaudin + Lang LLP
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In Eldeeb v. Delta Air Lines, Inc., 2018 WL 6435739, the District Court of Minnesota recently granted a motion to dismiss (on the basis of forum non conveniens)

CanadaTransport

In Eldeeb v. Delta Air Lines, Inc., 2018 WL 6435739, the District Court of Minnesota recently granted a motion to dismiss (on the basis of forum non conveniens) an action brought pursuant to the Montreal Convention.  Forum non conveniens is a legal doctrine by which a court may decline to hear a case where another court is more suitable or appropriate.

Mr. Eldeeb (who suffered from pancreatic cancer) was travelling home from Minnesota to Egypt, with a layover in Paris, France.  At the time he booked his itinerary, he requested a wheelchair to assist him with disembarking the aircraft in Paris.

Upon arrival of his Air France flight from Minneapolis to Charles De Gaulle Airport in Paris, Mr. Eldeeb was initially denied use of a wheelchair.  He was eventually provided wheelchair assistance to disembark the aircraft but was left in the seating area of the arrival gate rather than being brought to the gate for his connecting flight to Egypt.  He sat in the waiting

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