Loya v. Starwood Hotels & Resorts Worldwide, Inc., No. 07-35571

In a tort action arising out of a scuba diving accident, the dismissal of the action on forum non conveniens grounds is affirmed where a claim implicating the Death on the High Seas Act is within the admiralty jurisdiction of the federal courts, and is thus subject to discretionary dismissal on forum non conveniens grounds.

Read Loya v. Starwood Hotels & Resorts Worldwide, Inc., No. 07-35571

Appellate Information

Argued and Submitted October 21, 2008

Submission Vacated October 30, 2008

Resubmitted August 21, 2009

Filed October 2, 2009

Judges

Opinion by Judge Rymer

Dissent by Judge Kleinfeld

Counsel

For Appellants:

Scott E. Stafne, Stafne Law Firm, Arlington, WA

Martin D. Fox, Martin D. Fox, Inc., Seattle, WA

For Appellees:

Melissa O. White, Rodney Q. Fonda, Cozen O'Connor, Seattle, WA