Kolawole v. Sellers, No. 15-13720 (11th Cir. 2017)Annotate this Case
Plaintiffs, representatives of the estates of decedents who perished in a plan crash in Nigeria, appealed the district court's dismissal of their claims based upon the doctrine of forum non conveniens and denial of their motion for relief under Fed. R. Civ. P. 60(b). The Eleventh Circuit affirmed the judgment, holding that the district court did not abuse its discretion in either dismissing the claims or denying the Rule 60(b) motion. In this case, the district court did not abuse its discretion either in determining that the public factors also weighed in favor of dismissal or in its overall analysis under the forum non conveniens doctrine and conclusion that dismissal of the foreign decedents' claims was warranted. In regard to the denial of the Rule 60(b) motion, the district court did not apply the law in an incorrect or unreasonable manner in deciding that the procedural posture did not warrant the requested relief. Furthermore, there was no reason to believe that defendant would contest liability in Nigeria and thus there was no reason to disturb the district court's denial of reconsideration on this ground.