Opinion

Pedro Menendez Rodriguez v. Pan American Life Insurance Company, Maria Cristina Vento Jaime v. Pan American Life Insurance Company

  • 311 F.2d 429
Court
Court of Appeals for the Fifth Circuit
Filed
Dec 20, 1962
Status
Published
Author
Cameron
On the bench
Bell, Cameron, Carswell, Per Curiam
Cited by
54 cases

Vacated on other grounds by PAN-AMERICAN LIFE INSURANCE CO. v. Rodriguez, 376 U.S. 779 (1964)

concluding that Cuban refugees could not “obtain justice” from post- revolutionary Cuban courts such that the district court’s forum non conveniens dismissal in favor of those courts was inappropriate

How later courts described this case

  • concluding that Cuban refugees could not “obtain justice” from post- revolutionary Cuban courts such that the district court’s forum non conveniens dismissal in favor of those courts was inappropriate
  • placing burden on defendant to show that plaintiffs could “obtain justice in the courts of Cuba,” rather than “embarking] upon an international sea of judicial notice of the treatment of those who flee their native land and return to Castro’s jurisdiction.”
  • holding that Fidel Castro’s Cuba was an inadequate alternative forum for a Cuban refugee
  • finding that political refugees could receive a fair hearing in Cuba

Written by the judges who cited it.

The opinion

CAMERON, Circuit Judge.

I concur in the result.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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