Tuesday, January 8, 2008

13 November 2007

Carrizosa v. Chiquita Brands Int'l, Inc., 2007 U.S. Dist. LEXIS 84308

On June 13, 2007, Plaintiffs Carrizosa et al. filed a four-count complaint against Defendants Chiquita Brands International, Inc. alleging two counts under the federal Alien Tort Statute and two counts under Florida tort law.

Defendants asked Judge Ken Marra of the UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA to transfer this case to the District of Columbia. The crux of Defendants' argument was that the "interests of justice" would be served by transfer, because another "substantially similar" action is pending before that court. Because the two cases will raise similar legal and factual questions, Defendants asserted that both cases should be argued before the same court.

Plaintiffs responded that the cases are not sufficiently similar to warrant transfer to another district and that the Plaintiffs' choice of forum should not be disturbed because Defendants have not demonstrated any substantial justification for the change of venue. Judge Marra agreed, and denied D's motion.