Alexander Chiazor v. Transworld Drilling Co., Ltd., 648 F.2d 1015 (5th Cir. 1981). · Go Syfert
Search
Alexander Chiazor v. Transworld Drilling Co., Ltd., 648 F.2d 1015 (5th Cir. 1981). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 2 distinct cases · …rior to dismissing a case for forum non conveniens, a district court should ascertain if american or foreign law is applicable. if american law is applicable, then the american court should retain jurisdiction. ✓
194 citation events (17 in the last 25 years) across 22 distinct courts.
Strongest positive: Matthews v. Tidewater Crewing, Ltd (laed, 2023-02-28)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (quoted) Matthews v. Tidewater Crewing, Ltd
E.D. La. · 2023 · quote attribution · 1 verbatim quote · confidence low
rior to dismissing a case for forum non conveniens, a district court should ascertain if american or foreign law is applicable. if american law is applicable, then the american court should retain jurisdiction.
examined Cited as authority (quoted) Matthews v. Tidewater Crewing, Ltd
E.D. La. · 2023 · quote attribution · 1 verbatim quote · confidence low
rior to dismissing a case for forum non conveniens, a district court should ascertain if american or foreign law is applicable. if american law is applicable, then the american court should retain jurisdiction.
discussed Cited as authority (rule) Ganpat v. Eastern Pacific Shipping (2×) also: Cited "see, e.g."
5th Cir. · 2024 · confidence medium
And certain of the Lauritzen–Rhoditis factors “may be substantial in one context” and “of lesser importance in another.” Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1018 (5th Cir. 1981), overruled on other grounds by In re Air Crash Disaster Near New Orleans, La. on July 9, 1982, 821 F.2d 1147 (5th Cir. 1987); see also Solano, 212 F.3d at 906 ; Coats v. Penrod Drilling Corp., 61 F.3d 1113, 1119 (5th Cir. 1995).
examined Cited as authority (rule) Ganpat v. Eastern Pacific Shipping PTE. Ltd. (3×) also: Cited "see, e.g."
E.D. La. · 2022 · confidence medium
Oil Co.), 920 F.2d 278 , 283 (5th Cir. 1991). 75 Rationis Enterprises Inc. of Panama v. Hyundai Mipo Dockyard Co., 426 F.3d 580, 587 (2d Cir. 2005). 76 Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1019 (5th Cir. 1981).
discussed Cited as authority (rule) Cooper v. Meridian Yachts, Ltd.
11th Cir. · 2009 · confidence medium
At the same time, an earlier decision stated: “Rhoditis ... does not command us to hold, that the shipowner’s base of operations is the sole controlling factor in a choice-of-law decision.” Chiazor v. Trans-world Drilling Co., Ltd., 648 F.2d 1015, 1018 (5th Cir.1981), overruled on other grounds by In re Air Crash Disaster Near New Orleans, Louisiana on July 9, 1982, 821 F.2d 1147, 1169 (5th Cir.1987).
discussed Cited as authority (rule) Solano v. Gulf King 55, Inc. (2×) also: Cited "see"
S.D. Tex. · 1999 · confidence medium
See Fogleman v. ARAMCO, 920 F.2d 278 , 282 (5th Cir.1991) (stating that the place of the wrongful act assumes greater importance in cases where “the injury stems from work on a permanently situated offshore oil rig or work platform” than in traditional maritime cases); Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1018-19 (5th Cir.1981) (stating in a case involving a permanently fixed drilling platform stationed off the coast of Nigeria that certain factors may be less important than they would be in other circumstances); Cuevas v. Reading & Bates Corp., 577 F.Supp. 462, 465 (S.D.Tex.…
discussed Cited as authority (rule) Coats v. Penrod Drilling Corp. (2×)
5th Cir. · 1995 · confidence medium
Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1019 (5th Cir.1981).
discussed Cited as authority (rule) Eileen Anne Neely, in No. 93-2069 v. Club Med Management Services, Inc. Club Med Sales, Inc. Club Med, Inc., Third-Party Holiday Village (St. Lucia), Ltd. v. Joseph Lemaire, Third-Party Club Med Management Services, Inc. And Holiday Village (St. Lucia) Inc., in No. 93-2102 (2×) also: Cited "see, e.g."
3rd Cir. · 1995 · confidence medium
See, e.g., Zipfel v. Halliburton Co., 832 F.2d 1477, 1482-83 (9th Cir.1987); Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1019 (5th Cir.1981), overruled on other grounds by In re Air Crash Disaster Near New Orleans, 821 F.2d 1147 (5th Cir.1987) (en banc).
examined Cited as authority (rule) Neely v. Club Med Management Services, Inc. (4×) also: Cited "see, e.g."
3rd Cir. · 1995 · confidence medium
See, e.g., Zipfel v. Halliburton Co., 832 F.2d 1477, 1482-83 (9th Cir. 1987); Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1019 (5th Cir. 1981), overruled on other grounds by In re Air Crash Disaster Near New Orleans, 821 F.2d 1147 (5th Cir. 1987) (en banc).
discussed Cited as authority (rule) Earl Wayne Coats v. Penrod Drilling Corporation, Penrod Drilling Corporation, and Hytorc, M.E. (2×)
5th Cir. · 1993 · confidence medium
Chiazor v. Transworld, Drilling Co., 648 F.2d 1015, 1019 (5th Cir.1981).
cited Cited as authority (rule) Coats v. Penrod Drilling Corp.
5th Cir. · 1993 · confidence medium
Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1019 (5th Cir. 1981).
discussed Cited as authority (rule) Marriott v. Sedco Forex International Resources, Ltd.
D. Mass. · 1993 · confidence medium
Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1019 (5th Cir.1981), cert. denied, 455 U.S. 1019 , 102 S.Ct. 1714 , 72 L.Ed.2d 136 (1982), overruled on other grounds, In re Air Crash Disaster Near New Orleans, La., 821 F.2d 1147 (5th Cir.1987) (en banc); Phillips, 632 F.2d at 88 .
discussed Cited as authority (rule) Fogleman v. Aramco (Arabian American Oil Co.)
5th Cir. · 1991 · confidence medium
Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1018 (5th Cir.1981), ce rt. denied 455 U.S. 1019 , 102 S.Ct. 1714 , 72 L.Ed.2d 136 (1982), overruled on other grounds In re Air Crash Disaster near New Orleans, 821 F.2d 1147 (5th Cir.1987) (en banc); Bailey v. Dolphin Int’l, Inc., 697 F.2d 1268, 1275 (5th Cir.1983), overruled on other grounds Air Crash Disaster, 821 F.2d at 1147 ; Vaz Borralho v. Keydril Co., 696 F.2d 379, 388 (5th Cir.1983), overruled on other grounds Air Crash Disaster, 821 F.2d at 1147 . .
discussed Cited as authority (rule) Vernon Isaiah Fogleman and Jean Kenanin Fogleman, Cross-Appellees v. Aramco (Arabian American Oil Company), Fluor Corporation, Cross-Appellants. Vernon Isaiah Fogleman and Jean Kenanin Fogleman v. Aramco, Fluor Corporation, Fluor Constructions, Inc., and Fluor Arabia, Limited
5th Cir. · 1991 · confidence medium
Sec. 688 (1988) 2 Quintero v. Klaveness Ship Lines, 914 F.2d 717 (5th Cir.1990); Schexnider v. McDermott Int'l, Inc., 817 F.2d 1159 (5th Cir.), cert. denied 484 U.S. 977 , 108 S.Ct. 488 , 98 L.Ed.2d 486 (1987) 3 345 U.S. 571 , 73 S.Ct. 921 , 97 L.Ed. 1254 (1953) 4 398 U.S. 306 , 90 S.Ct. 1731 , 26 L.Ed.2d 252 (1970) 5 Lauritzen, 345 U.S. at 583-92 , 73 S.Ct. at 928-33 ; Rhoditis, 398 U.S. at 309 , 90 S.Ct. at 1734 6 Rhoditis, 398 U.S. at 308-09 , 90 S.Ct. at 1734 7 Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1018 (5th Cir.1981), cert. denied 455 U.S. 1019 , 102 S.Ct. 1714 , 72 L.Ed.2d 1…
discussed Cited as authority (rule) Cliffs-Neddrill Turnkey International-Oranjestad v. M/T Rich Duke
D. Del. · 1990 · confidence medium
Co., Inc. v. M/V Nordic Regent, 654 F.2d 147 , 150 (2d Cir.), cert. denied, 449 U.S. 890 , 101 S.Ct. 248 , 66 L.Ed.2d 116 (1980); Chiazor v. Transworld Drilling Co., Ltd., 648 F.2d 1015, 1019 (5th Cir. 1981), cert. denied, 455 U.S. 1019 , 102 S.Ct. 1714 , 72 L.Ed.2d 136 (1982).
discussed Cited as authority (rule) Hernandez v. Naviera Mercante, C.A.
E.D. La. · 1989 · confidence medium
It is undisputed that CAVN is a Venezuelan corporation owned by the Venezuelan government: corporate decision making took place in Caracas, Venezuela, despite the possible existence of an office in New Orleans.” However, that holding relied on the Fifth Circuit opinion in Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1019 (5th Cir.1981) a platform case involving a choice of law issue.
discussed Cited as authority (rule) Shirlei Kirschner Camejo v. Ocean Drilling & Exploration (2×)
5th Cir. · 1988 · confidence medium
McClelland Engineers, Inc. v. Munusamy, 784 F.2d 1313, 1317, 1320 (5th Cir.1986), overruled, In re Air Crash Disaster Near New Orleans, Louisiana on July 9, 1982, 821 F.2d 1147 , 1163-64 n. 25 (5th Cir.1987), petition for cert. filed, (U.S. Nov. 6, 1987) (No. 87-750); Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1017-18 (5th Cir.1981), cert. denied, 455 U.S. 1019 , 102 S.Ct. 1714 , 72 L.Ed.2d 136 (1982), overruled, In re Air Crash Disaster Near New Orleans, Louisiana on July 9, 1982, 821 F.2d 1147 , 1163-64 n. 25 (5th Cir.1987), petition for cert. filed, (U.S. Nov. 6, 1987) (No. 87-750).…
discussed Cited as authority (rule) Miller v. Phillips Petroleum Co. Norway (2×) also: Cited "see"
Del. · 1988 · confidence medium
We also note that the outcome of our decision would not change under the new approach adopted by the Fifth Circuit. 12 .See also Chiazor v. Transworld Drilling Co., Ltd., 648 F.2d 1015, 1019 (5th Cir.1981), cert, denied, 455 U.S. 1019 , 102 S.Ct. 1714 , 72 L.Ed.2d 136 (1982), overruled on other grounds, In re Air Crash Disaster Near New Orleans, La. on July 9, 1982, 821 F.2d 1147 , 1163 n. 25 (5th Cir.1987) (en banc); Zekic v. Reading & Bates Drilling Co., 536 F.Supp. 23, 25 (E.D.La.1981), aff’d, 680 F.2d 1107 (5th Cir.1982) (per curiam), overruled on other grounds, In re Air Crash Disaster …
discussed Cited as authority (rule) In Re Air Crash Disaster Near New Orleans, Louisiana on July 9, 1982. Luis Alberto Trivelloni-Lorenzi, and Susanna Electra Trivelloni-Lorenzi v. Pan American World Airways, Inc., Ernesto Serio Pampin Lopez, Individually and as Administrator of the Estate of His Deceased Mother Sara E. Lopez De Pampin v. Pan American Airways, Inc., and United States of America
5th Cir. · 1987 · confidence medium
See McClelland Engineers, Inc. v. Munusamy, 784 F.2d 1313, 1317 (5th Cir.1986); James v. Gulf Int'l Marine, 777 F.2d 193 , 194 (5th Cir.1985); Cuevas v. Reading & Bates Drilling Co., 770 F.2d 1371, 1377-78 (5th Cir.1985); Ali v. Offshore Co., 753 F.2d 1327, 1330 (5th Cir.1985); Nicol v. Gulf Fleet Supply Vessels, Inc., 743 F.2d 289, 292-93 (5th Cir.1984); In re McClelland Engineers, Inc., 742 F.2d 837, 838 (5th Cir.1984), cert. denied, 469 U.S. 1228 , 105 S.Ct. 1228 , 84 L.Ed.2d 366 (1985); Koke v. Phillips Petroleum Co., 730 F.2d 211, 218 (5th Cir.1984); Gahr Developments, Inc. v. Nedlloyd Li…
discussed Cited as authority (rule) Trivelloni-Lorenzi v. Pan American World Airways, Inc.
5th Cir. · 1987 · confidence medium
V., 723 F.2d 1190, 1192 (5th Cir.1984); Diaz v. Humboldt, 722 F.2d 1216, 1217 (5th Cir.1984); Fajardo v. Tidewater, Inc., 707 F.2d 858, 861-62 (5th Cir.1983); De Oliveira v. Delta Marine Drilling Co., 707 F.2d 843, 845-46 (5th Cir.1983); Bailey v. Dolphin Int'l Inc., 697 F.2d 1268, 1274 (5th Cir.), reh'g denied, 710 F.2d 837 (5th Cir.1983); Vaz Borralho v. Keydril Co., 696 F.2d 379, 384 (5th Cir.), reh'g denied, 710 F.2d 207 (5th Cir. 1983); Zekic v. Reading & Bates Drilling Co., 680 F.2d 1107, 1108 (5th Cir.1982); Volyrakis v. M/V ISABELLE, 668 F.2d 863, 866 (5th Cir.1982); Chiazor v. Transwo…
discussed Cited as authority (rule) Villar v. Crowley Maritime Corp.
9th Cir. · 1986 · confidence medium
See Phillips v. Amoco Trinidad Oil Co., 632 F.2d 82, 87 (9th Cir.1980) (Phillips), cert. denied, 451 U.S. 920 , 101 S.Ct. 1999 , 68 L.Ed.2d 312 (1981); see also Koke v. Phillips Petroleum Co., 730 F.2d 211, 219-20 (5th Cir.1984) (Koke); Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1018-19 (5th Cir.1981) (Chiazor), cert. denied, 455 U.S. 1019 , 102 S.Ct. 1714 , 72 L.Ed.2d 136 (1982).
discussed Cited as authority (rule) Villar v. Crowley Maritime Corporation
9th Cir. · 1986 · confidence medium
See Phillips v. Amoco Trinidad Oil Co., 632 F.2d 82, 87 (9th Cir.1980) (Phillips ), cert. denied, 451 U.S. 920 , 101 S.Ct. 1999 , 68 L.Ed.2d 312 (1981); see also Koke v. Phillips Petroleum Co., 730 F.2d 211, 219-20 (5th Cir.1984) (Koke ); Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1018-19 (5th Cir.1981) (Chiazor ), cert. denied, 455 U.S. 1019 , 102 S.Ct. 1714 , 72 L.Ed.2d 136 (1982). 11 The corporations allege that the place of injury is significant since the decedent was employed specifically to work in a lighterage operation conducted in Saudi Arabian waters.
cited Cited as authority (rule) Sigalas v. Lido Maritime
11th Cir. · 1985 · confidence medium
Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1017 (5th Cir.1981). 30 To resolve this question we again turn to the analysis of Justice Jackson.
cited Cited as authority (rule) Sigalas v. Lido Maritime, Inc.
11th Cir. · 1985 · confidence medium
Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1017 (5th Cir.1981).
discussed Cited as authority (rule) Rogelio J. Cuevas v. Reading & Bates Corp., A/K/A Reading & Bates Offshore Drilling Co. (2×) also: Cited "see"
5th Cir. · 1985 · confidence medium
But Lauritzen v. Larsen involved a ship engaged in international shipping, sailing international waters under the Danish flag, unlike the stationary rig involved here and distinguished in Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1019 (5th Cir.1981), cert. denied, 455 U.S. 1019 , 102 S.Ct. 1714 , 72 L.Ed.2d 136 (1982), and its progeny. 12 .
discussed Cited as authority (rule) Maureen Ali, Personal Representative of the Estate of Amin Ali, Deceased v. The Offshore Company, Theodora Fraser, Personal Representative of the Estate of Agustus Daniel Fraser, Deceased v. The Offshore Company
5th Cir. · 1985 · confidence medium
In Chiazor v. Transworld Drilling Co., we held that factors such as the place of the wrong and the allegiance or domicile of the plaintiff take on a greater importance in the context of a nontraditional maritime vessel like a submersible drilling rig stationed offshore. 648 F.2d 1015, 1019 (5th Cir.1981), cert. denied, 455 U.S. 1019 , 102 S.Ct. 1714 , 72 L.Ed.2d 136 (1982).
discussed Cited as authority (rule) Ali v. Offshore Co.
5th Cir. · 1985 · confidence medium
In Chia-zor v. Transworld Drilling Co., we held that factors such as the place of the wrong and the allegiance or domicile of the plaintiff take on a greater importance in the context of a nontraditional maritime vessel like a submersible drilling rig stationed offshore. 648 F.2d 1015, 1019 (5th Cir.1981), cert. denied, 455 U.S. 1019 , 102 S.Ct. 1714 , 72 L.Ed.2d 136 (1982).
discussed Cited as authority (rule) H. Azzopardi, Individually and as Personal Representative of the Estate of Paul Azzopardi, Deceased v. Ocean Drilling & Exploration Co. (2×)
5th Cir. · 1984 · confidence medium
Bailey v. Dolphin International, 697 F.2d 1268, 1275 (5th Cir.1983); Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1018 (5th Cir.1981).
discussed Cited as authority (rule) In Re Ocean Ranger Sinking Off Newfoundland on February 15, 1982
E.D. La. · 1984 · confidence medium
Vaz Borralho, 696 F.2d at 382, 387 ("the alleged wrongful act occurred on the Continental Shelf of Brazil” Id. at 387 (citing district court's written Memorandum and Order)); Chiazor, 648 F.2d at 1016, 1019, 1020 .
discussed Cited as authority (rule) Pratt v. United Arab Shipping Co. (2×)
E.D. La. · 1984 · confidence medium
Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1019 (5th Cir.1981), cert. denied, 455 U.S. 1019 , 102 S.Ct. 1714 , 72 L.Ed.2d 136 (1982).
cited Cited as authority (rule) Complaint of Geophysical Service, Inc.
S.D. Tex. · 1984 · confidence medium
Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1017-18 (5th Cir.1981), cert, denied, 455 U.S. 1019 , 102 S.Ct. 1714 , 72 L.Ed.2d 136 (1982).
discussed Cited as authority (rule) The Belcher Company of Alabama, Inc. v. M/v Maratha Mariner, Her Engines, Tackle, Etc.
5th Cir. · 1984 · confidence medium
See Gulf Oil Corp. v. Gilbert, 330 U.S. 501 , 67 S.Ct. 839 , 91 L.Ed. 1055 (1947); The Belgenland, 114 U.S. 355 , 5 S.Ct. 860 , 29 L.Ed. 152 (1885); Chiazor v. Transworld Drilling Co. Ltd., 648 F.2d 1015, 1019 (5th Cir.1981); Poseidon Schiffahrt, G.M.B.H. v. The M/S Netuno, 474 F.2d 203, 204 (5th Cir.1973); Perusahaan Umum Listrik Negara Pusat v. M/V Tel Aviv, *1148 711 F.2d 1231 (5th Cir.1983) (upholding conditional dismissal on forum non conveniens grounds because only connection with U.S. forum was in rem action and adequate altema-tive forum was substantially more convenient; conditional d…
cited Cited as authority (rule) Gahr Developments, Inc. Of Panama v. Nedlloyd Lijnen, B.V.
5th Cir. · 1984 · confidence medium
Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1017-18 (5th Cir.1981), cert. denied, 455 U.S. 1019 , 102 S.Ct. 1714 , 72 L.Ed.2d 136 (1982).
cited Cited as authority (rule) Gahr Developments, Inc. v. Nedlloyd Lijnen, B.V.
5th Cir. · 1984 · confidence medium
Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1017-18 (5th Cir.1981), cert. denied, 455 U.S. 1019 , 102 S.Ct. 1714 , 72 L.Ed.2d 136 (1982).
cited Cited as authority (rule) Luis Alva Diaz v. Naviera Humboldt and Xyz Insurance Company
5th Cir. · 1984 · confidence medium
Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1017-18 (5th Cir.1981), cert. denied, 455 U.S. 1019 , 102 S.Ct. 1714 , 72 L.Ed.2d 136 (1982).
discussed Cited as authority (rule) Cuevas v. Reading & Bates Corp.
S.D. Tex. · 1983 · confidence medium
See De Olivera v. Delta Marine Drilling Co., 684 F.2d 337, 340 (5th Cir.1982); Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1019 (5th Cir.1981), cert, denied 455 U.S. 1019 , 102 S.Ct. 1714 , 72 L.Ed.2d 136 (1982); Phillips v. Amoco Trinidad Oil Co., 632 F.2d 82, 87 (9th Cir.1980), cert, denied, 451 U.S. 920 , 101 S.Ct. 1999 , 68 L.Ed.2d 312 (1981).
cited Cited as authority (rule) George A. Needham v. Phillips Petroleum Company Of Norway
10th Cir. · 1983 · signal: cf. · confidence medium
Cf. Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1018 (5th Cir.1981), cert. denied, 455 U.S. 1019 , 102 S.Ct. 1714 , 72 L.Ed.2d 136 (1982).
cited Cited as authority (rule) Needham v. Phillips Petroleum Co.
10th Cir. · 1983 · signal: cf. · confidence medium
Cf. Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1018 (5th Cir. 1981), cert. denied, 455 U.S. 1019 , 102 S.Ct. 1714 , 72 L.Ed.2d 136 (1982).
cited Cited as authority (rule) Aristeu Fontes De Oliveira v. Delta Marine Drilling Company
5th Cir. · 1983 · confidence medium
Whether there were American supervisors aboard the vessel does not appear, but we noted that “most witnesses would be located in Nigeria.” 648 F.2d at 1019, n. 6 .
discussed Cited as authority (rule) Veba-Chemie A.G. v. M/v Getafix, Her Engines, Boilers, Etc., in Rem, and Getafix Shipping Corp., in Personam
5th Cir. · 1983 · confidence medium
E.g.: Piper, 454 U.S. 235 , 102 S.Ct. 252 , 70 L.Ed.2d 419 ; Mizokami Bros, of Arizona v. Mobay Chemical Corp., 660 F.2d 712, 719 (8th Cir.1981); Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1020 (5th Cir.1981); Pain v. United Technologies Corp., 637 F.2d 775, 785 (D.C.Cir.1980), cert. denied, 454 U.S. 1128 , 102 S.Ct. 980 , 71 L.Ed.2d 116 (1981); Calvo Growers of California v. Belgium, 632 F.2d 963, 968 (D.C.Cir.1980), cert. denied, 449 U.S. 1084 , 101 S.Ct. 871 , 66 L.Ed.2d 809 (1981); Schertenleib v. Traum, 589 F.2d 1156, 1162-63 (2d Cir.1978); Philippine Packing Corp. v. Maritime Co.…
discussed Cited as authority (rule) Perusahaan Umum Listrik Negara Pusat v. M/v Tel Aviv, Etc.
5th Cir. · 1983 · confidence medium
Although the court in Motor Distributors disregarded the Gilbert analysis and articulated its own rule, it is beyond question that the Supreme Court’s opinion in Gilbert is the “fountainhead” decision applicable in all forum non conveniens cases. 15 Chiazor v. Transworld Drilling Co., Ltd., 648 F.2d 1015, 1019 (5th Cir.1981).
cited Cited as authority (rule) Dalla v. Atlas Maritime Co.
C.D. Cal. · 1983 · confidence medium
Chiazor v. Transworld Drilling Co. Ltd., 648 F.2d 1015, 1017-18 (5th Cir.1981).
discussed Cited as authority (rule) Constructora Spilimerg, C.A. v. Mitsubishi Aircraft Company, Inc.
5th Cir. · 1983 · confidence medium
The question is close, but we review only for abuse of discretion, Vaz Borralho v. Keydril Co., 696 F.2d 379, 384-385 (5th Cir. 1983); Chiazor v. Transworld Drilling, 648 F.2d 1015, 1017-18 (5th Cir.1981), cert. de *226 nied, 455 U.S. 1019 , 102 S.Ct. 1714 , 72 L.Ed.2d 136 (1982), and find none.
cited Cited as authority (rule) Bruce A. Bailey, as Special Administrator for the Estate of Joseph Roman Buenaflor, Deceased v. Dolphin International, Inc.
5th Cir. · 1983 · confidence medium
Chiazor v. Transworld Drilling Company, 648 F.2d 1015, 1017-18 (5th Cir.1981), cert. denied, 455 U.S. 1019 , 102 S.Ct. 1714 , 72 L.Ed.2d 136 (1982).
discussed Cited as authority (rule) Maria Arlete Vaz Borralho v. Keydril Company, Key International Drilling Company, Ltd. And Key Perfuracoes Maritimas, Ltda. (2×) also: Cited "see"
5th Cir. · 1983 · confidence medium
Chiazor v. Transworld Drilling Company, Ltd., 648 F.2d 1015, 1017-1018 (5th Cir.1981), cert. denied, 455 U.S. 1019 , 102 S.Ct. 1714 , 72 L.Ed.2d 136 (1982). “[W]here by application of the Lauritzen factors the correct choice of law decision is to apply foreign law (and a foreign forum is accessible), a district court’s discretion in granting a forum non conveniens dismissal will not ordinarily be disturbed on review.” Fisher, 638 F.2d at 315.
discussed Cited as authority (rule) Aristeu Fontes De Oliveira v. Delta Marine Drilling Company
5th Cir. · 1982 · confidence medium
We are unable to state, and Rhoditis in fact does not command us to hold, that the shipowner’s base of operations is the sole controlling factor in a choice-of-law situation. 648 F.2d at 1018 (citations omitted).
cited Cited "see" Solano v. Gulf King 55, Inc.
5th Cir. · 2000 · signal: see · confidence high
See Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1019 (5th Cir.1981), overruled on other grounds, In re Air Crash Disaster, 821 F.2d 1147 , 1163 n. 25 (5th Cir.1987).
cited Cited "see" Zacaria v. Gulf King 35, Inc.
S.D. Tex. · 1999 · signal: see · confidence high
See Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1018 (5th Cir.1981).
cited Cited "see" Solano v. Gulf King 55, Inc.
S.D. Tex. · 1998 · signal: see · confidence high
See Chiazor v. Transworld Drilling Co., 648 F.2d 1015, 1018 (5th Cir.1981).
discussed Cited "see" Rojas v. KLOSTER CRUISE, A/S
Fla. Dist. Ct. App. · 1989 · signal: see · confidence high
Nicol v. Gulf Fleet Supply Vessels, Inc., 743 F.2d 289, 297 (5th Cir.1984); Koke, 730 F.2d at 220 ; Bailey, 697 F.2d at 1275 n. 22; see Chiazor, 648 F.2d at 1015 ; Phillips v. Amoco Trinidad Oil Co., 632 F.2d 82 (9th Cir.1980), cert. denied, 451 U.S. 920 , 101 S.Ct. 1999 , 68 L.Ed.2d 312 (1981). [7] We reject the appellees' contention that Valverde v. Klosters Rederi A/S, 294 So.2d 101 (Fla. 3d DCA 1974) requires a contrary holding.
Retrieving the full opinion text from the archive…
Alexander CHIAZOR, Et Al., Plaintiffs-Appellants,
v.
TRANSWORLD DRILLING COMPANY, LTD., Et Al., Defendants-Appellees
80-3088.
Court of Appeals for the Fifth Circuit.
Jun 23, 1981.
648 F.2d 1015
Benton Musslewhite, Houston, Tex., for plaintiffs-appellants., Christopher Tompkins, New Orleans, La., for defendants-appellees.
Brown, Tate, Smith.
Cited by 89 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: #46,098 of 633,719
Citer courts: E.D. Louisiana (2)
TATE, Circuit Judge:

The decedent, Joel Chiazor, died as a result of injuries he received while working on a submersible drilling rig off the Nigerian coast. His representatives brought suit against the owner of the rig under the Jones Act, the Death on the High Seas Act, and the general maritime law of the United States. The district court dismissed the complaint on the ground of forum non conveniens, and the plaintiffs appealed. Because we find that the district court did not abuse its discretion in so dismissing, we affirm.

Facts

Joel Chiazor, a Nigerian citizen employed by Dresser Nigeria Ltd. and/or Dresser Magcobar Minerals Ltd. (both Nigerian corporations), was injured while working as a mud engineer on Kermac-Transworld Rig 46 while the submersible rig was located off the coast of Nigeria. He soon thereafter died from these injuries. The plaintiffs ar[*1017] gue that the decedent was a borrowed employee of the operator of the rig, a contention we accept for purposes of our decision.

Rig 46 was being operated at the time of Chiazor’s fatal injury by Transworld Drilling Company (Nigeria) Ltd. [hereinafter referred to as Transworld Nigeria], a Nigerian Corporation. Transworld Nigeria is a wholly owned subsidiary of Transworld Drilling Company Ltd. [hereinafter Trans-world Bahamas], a Bahamian corporation. Kerr-McGee, Ltd., a Bahamian corporation [hereinafter Kerr-McGee Bahamas], was the owner of Rig 46. [1] It had bareboat chartered the rig to Transworld Bahamas, who in turn allegedly chartered it to Trans-world Nigeria. [2] See note 4.

Representatives of the decedent Chiazor brought suit under the Jones Act, DOHSA, and the general maritime law of the United States against both Trans world USA and Transworld Nigeria in the Eastern District of Louisiana. The defendants then sought dismissal on the ground of forum non conveniens, inter alia, noting that the decedent was a Nigerian citizen, he worked for a Nigerian corporation(s), one of the alleged tortfeasors (Transworld Nigeria) was a Nigerian corporation, and the accident occurred off the coast of Nigeria.

After carefully analyzing the facts of this case with the forum non conveniens guideposts enunciated in Gulf Oil Corporation v. Gilbert, 330 U.S. 501, 67 S.Ct. 839, 91 L.Ed. 1055 (1947), the district court dismissed the plaintiff’s complaint on this basis. In arriving at this decision, the district court also considered the factors presented in Lauritzen v. Larsen, 345 U.S. 571, 73 S.Ct. 921, 97 L.Ed. 1254 (1953) and Hellenic Lines, Ltd. v. Rhoditis, 398 U.S. 306, 90 S.Ct. 1731, 26 L.Ed.2d 252 (1970), in ascertaining whether or not American law should apply to this controversy. [3] The district court found that “[t]he majority of the eight factors [presented in Lauritzen and Rhoditis] operate in favor of declining jurisdiction over this case.”

Issues:

An appellate court may reverse the decision of a district court on a motion to dismiss on forum non conveniens only if it constituted a clear abuse of discretion. Fisher v. Agios Nicolaos V, 628 F.2d 308, rehearing and rehearing en banc denied, 636 F.2d 1107 (5th Cir. 1980) appeal pending, No. 80-1810 (filed May 8, 1981); Fitzgerald v. Texaco, Inc., 521 F.2d 448, 451 (2nd Cir. 1975), cert. denied, 423 U.S. 1052, 96 S.Ct. 781, 46 L.Ed.2d 641 (1976).

On appeal, the plaintiffs assert that the district court abused its discretion in dismissing on forum non conveniens, in that (1) the district court failed to determine whether Nigerian or American law applied (thus necessitating a remand) and (2) the defendants failed to carry their heavy burden in establishing that an injustice would follow if jurisdiction were retained, see Poseidon Schiffahrt, G.M.B.H. v. The M/S Netuno, 474 F.2d 203, 205 (5th Cir. 1973).

We disagree.

American or Nigerian Law ?

In Fisher v. Agios Nicolaos V, supra, this court established that, prior to dismissing a case for forum non conveniens, a district court should ascertain if American[*1018] or foreign law is applicable. If American law is applicable, then the American court should retain jurisdiction. See Fisher v. Agios Nicolaos V, 628 F.2d at 315; DeMateos v. Texaco, Inc., 562 F.2d 895, 899-900 (3d Cir. 1977), cert. denied, 435 U.S. 904, 98 S.Ct. 1449, 55 L.Ed.2d 494 (1978); Antypas v. Cia. Maritina San Basilio, S.A., 541 F.2d 307 (2nd Cir. 1976), cert. denied, 429 U.S. 1098, 97 S.Ct. 1116, 51 L.Ed.2d 545 (1977); Bartholomew v. Universe Tankships, Inc., 263 F.2d 437, 443 (2d Cir.), cert. denied, 359 U.S. 1000, 79 S.Ct. 1138, 3 L.Ed.2d 1030 (1959); Allan v. Brown and Root, Inc., 491 F.Supp. 398, 403 (S.D.Tex.1980). Only when it is determined that foreign law applies is it appropriate to consider the forum non conveniens factors listed in Gilbert Oil Corporation in determining whether to retain jurisdiction acquired over a maritime suit with foreign factors. Fisher v. Agios Nicolaos V, 628 F.2d at 315; DeMateos v. Texaco, Inc., supra.

The appellants assert that the district court abused its discretion in dismissing for forum non conveniens without first having determined which nation’s law is applicable, and therefore suggest that we remand for this determination. We find this unnecessary for, in determining whether or not to retain jurisdiction, the district court correctly addressed the choice of law issue in reaching its decision. Although the district court did not directly state that American law was not applicable, this is the only logical conclusion to be drawn from the court’s statement that “[t]he majority of [Lauritzen’s and Rhoditis’s] eight [choice of law] factors operate in favor of declining jurisdiction over this case.”

The plaintiffs-appellants are essentially contending that the district court, when deciding the appropriate choice of law, erred in finding that the shipowner’s base of operations was in Nigeria. They urge that we should disentangle the corporate structure here involved and find that the true base of operations for Transworld Nigeria (the operator of Rig 46) is in Oklahoma City, the principal place of business for Transworld Nigeria’s parent corporation, Kerr-McGee U.S.A. [4]

We pretermit discussion of whether or not Transworld Nigeria was a legitimate corporation with its base in Nigeria, or was a sham corporation with its actual control emanating from Oklahoma City, for, even assuming a U.S. base of operations, the substantiality of the contacts herein with Nigeria warrants the non-application of American law. [5] We are unable to state, and Rhoditis in fact does not command us to hold, that the shipowner’s base of operations is the sole controlling factor in a choice-of-law decision. Hellenic Line, Ltd. v. Rhoditis, 398 U.S. at 308, 90 S.Ct. at 1734 (1970). Hence, while certain of the eight (Lauritzen and Rhoditis) factors may be substantial in one context, they may be of lesser importance in another. Thus, in Rhoditis, in which the Court was concerned with a true maritime vessel, one plying the seas as an integral part of the shipping industry, the shipowner’s base-of-operations was considered one substantial contact, inter alia.

[*1019] However, here we are faced with a “vessel” (a submersible drilling rig) that has been permanently stationed off the coast of Nigeria since 1964. (Von Tungeln Dep. I, p. 97). Hence, such factors as place of wrongful act, allegiance or domicile of the injured, and place of contract, which may be less substantial in the shipping context, tend to take on added significance under the present circumstances.

When viewed in this light, it cannot be said that the district court erred in finding there were substantial contacts with Nigeria, rather than the United States. The decedent was a Nigerian citizen, he was employed by Nigerian corporations, the accident occurred off the coast of Nigeria, the “vessel” has been stationed off Nigeria since 1964, and the plaintiffs are all Nigerian citizens. As in Lauritzen, supra, the overwhelming preponderance of the factors favor the application of Nigerian rather than American law as governing the employment and accident in question.

The American-owned Nigerian subsidiary conducting the enterprise might possibly be said to have a base of operations in America, it is true, but, unlike in Rhoditis, supra, the totality of the circumstances of the case indicate this to be a minor weight in the scales. Here, the work performed by the Nigerian employer corporation in the operation and servicing of its drilling rig off Nigerian waters — albeit it was an American-owned subsidiary of American interests, with primary decisions made by American corporate officers in America — had insignificant operational contacts with the United States; and all day-to-day operating activities were in fact conducted in Nigeria. Nor can it be said, with regard to the Nigerian employee decedent, that any Jones Act or other American-originating obligations of the American owners of the foreign subsidiary were evaded by the use of the American-owned Nigerian subsidiary to conduct operations in Nigeria through Nigerian employees; the use of a foreign subsidiary under such circumstances simply does not involve any evasion of American law otherwise applicable.

Dismissal for Forum Non Conveniens

Gulf Oil Corporation v. Gilbert, supra, is the fountainhead decision in determining whether or not a case should be dismissed for forum non conveniens. There, the Court listed such factors as the (1) private interests of the litigants, (2) relative ease of access to sources of proof, (3) availability of compulsory process, (4) cost of obtaining attendance of willing witnesses, and (5) the possibility of view of the premises. [6]

The Gilbert court, however, went on to say that “unless the balance is strongly in favor of the defendant, the plaintiff’s choice of forum should rarely be disturbed.” Gulf Oil Corporation v. Gilbert, supra. And, as we are reminded by the appellants, “a court must begin with the assumption it will exercise jurisdiction unless it is established, by the defendant, that an injustice would follow.” Poseidon Schiffahrt, G.M. B.H. v. The M/S Netuno, 474 F.2d at 205 (5th Cir. 1973).

[*1020] We agree with the district court’s dismissal for forum non conveniens, [7] for the balance is strongly in favor of the defendants and an injustice would follow had the district court retained jurisdiction. Here, the district court would have had to apply (1) Nigerian law to a case (2) initiated by Nigerian plaintiffs (3) for the death of a Nigerian oil worker (4) injured off the coast of Nigeria, (5) who received medical care in Nigeria, (6) with most of the witnesses located in Nigeria.

The plaintiffs further aver that dismissal on the ground of forum non conveniens was impermissible because it was not established that either (1) the defendants are amenable to process or (2) an adequate remedy is available.

We disagree with both contentions. The district court specifically conditioned its grant of dismissal “on an agreement by the defendants to submit to the jurisdiction of the Nigerian courts and to waive any statute of limitation.” And, in regard to the availability of an adequate remedy, we should note that, even had the district court retained jurisdiction, it would have had to apply Nigerian law. [8]

Conclusion

Because we find that the district court did not abuse its discretion in dismissing for forum non conveniens, we therefore AFFIRM.

AFFIRMED.

1

. Transworld Bahamas, Kerr-McGee Bahamas, and Transworld Drilling Company, a Delaware Corporation [hereinafter Transworld USA], are wholly owned subsidiaries of the Kerr-McGee Corporation, a Delaware corporation with its principal place of business in Oklahoma City.

2

. The plaintiffs assert that Rig 46 had not been chartered to Transworld Nigeria. (They raise this issue to help substantiate their contention that the shipowner’s base of operations was in the United States.) We need not discuss the issue of proper charter parties, for we will assume for the purposes of this decision that the shipowner’s base of operations was in the U.S.

3

. Lauritzen noted seven factors as significant for consideration in determining the applicable law in an admiralty context: (1) Place of wrongful act; (2) Law of the flag; (3) Allegiance or domicile of the injured; (4) Allegiance of defendant shipowner; (5) Place of the contract; (6) Inaccessibility of foreign forum; and (7) Law of the forum.

Rhoditis expanded on these seven factors by noting an eighth factor of importance, the shipowner’s base of operations.

4

. A deposition of Jerry Von Tungeln, the comptroller of Transworld USA, was taken on March 30, 1979 [Von Tungeln Dep. I], in the case of Erhurare v. Transworld Drilling Co., No. 78-20-C.A., Eastern District Texas, for the additional purpose of this proceeding. The plaintiffs urge us on appeal to consider a second deposition of Jerry Von Tungeln, taken on February 5, 1980. They offer this deposition to establish the corporate make-up of Kerr-McGee USA, the parent company of its wholly-owned subsidiary, Transworld Nigeria. Such evidence is essential in showing that the shipowner’s base-of-operations here is in the United States.

We need not rule on whether or not we may consider this deposition because, for our purpose here, we will assume that Kerr-McGee USA is the ultimate owner and the shipowner’s base-of-operations is in the United States.

5

. Two other circuits have recently rejected the application of American law under circumstances similar to those before us. See Phillips v. Amoco Trinidad Oil Co., 632 F.2d 82 (9th Cir. 1980), cert. denied, - U.S. -, 101 S.Ct. 1999, 68 L.Ed.2d 312 (1981); Chirinos de Alvarez v. Creole Petroleum Corp., 613 F.2d 1240 (3rd Cir. 1980). See also Dos Santos v. Reading & Bates Drilling Co., 495 F.Supp. 843 (E.D. La. 1980).

6

. The district court analyzed these criteria in the following manner:

1. The private interests of the litigants: Decedent Joel Chiazor was a Nigerian citizen, who never resided in the United States. Decedent obtained employment with a Nigerian corporation in Nigeria. Decedent was allegedly working on a drilling rig operated by a Nigerian corporation offshore of Nigeria when he sustained his injuries.
2. Relative ease of sources of proof: Decedent Joel Chiazor was allegedly injured offshore Nigeria and received medical treatment for his injuries in Nigeria. Thus, the attending medical personnel and presumably the witnesses, if any, are located in Nigeria.
3. Availability of compulsory process: Defendant Transworld (Nigeria) is a Nigerian corporation and subject to the jurisdiction of the Nigerian courts. Defendant Transworld does not operate outside the United States. However, the dismissal by this Court is conditioned on agreement by the defendants to submit to the jurisdiction of the Nigerian courts.
4. Cost of obtaining willing witnesses: Since most witnesses would be located in Nigeria, it would be less costly for the witnesses to attend trial in Nigeria than in the Eastern District of Louisiana.
5. Possible view of premises, if appropriate: Decedent’s injury occurred aboard Rig 46, which is submersed in the waters offshore of Nigeria.
7

. The plaintiffs here asserted a claim based only upon the Jones Act, DOHSA, and the general maritime law of the United States; they failed to assert a claim under Nigerian law. Once the district court determined that American law was not applicable, it could have properly dismissed the case pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted, and, if deposition and affidavits were considered, have granted a summary judgment under Rule 56. See de Alvarez v. Creole Petroleum Corp., 613 F.2d 1240 (3rd Cir. 1980). See also H. Watson, Applicable Law in Suits by Foreign Offshore Oil Workers, 41 La.L.R., 827, 828-29 (1981).

8

. The plaintiffs-appellants do not suggest anywhere in the record or in appellate brief that the district court should have retained jurisdiction if Nigerian law were to apply. Their sole argument was that dismissal for forum non conveniens was inappropriate if American law were to apply.