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
On the bench
Bell, Cameron, Carswell, Per Curiam
Cited by
54 cases
Authority
More cited than 24.7%

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

On Petition for Rehearing

PER CURIAM.

In reversing the dismissal of this complaint, and remanding for further proceedings, we noted then, and repeat now, that residual issues raised on the present status of the pleadings are properly determinable by the District Court on the merits. We carefully considered and reviewed the argument of appellee that the doctrine of forum non conveniens or Act of State doctrine, one or the other, barred further litigation. Our review of that holding in the light of the reiterated contentions of appellee in this petition does not require further hearing.

Appellee further suggests here that the Bretton Woods Agreement and certain Cuban currency control statutes require dismissal of this complaint. Since the entry of our opinion in this case this Court has on November 7, 1962 rejected this contention in Pan American Life Insurance Company v. Inocencio Blanco, 311 F.2d 424 .

The petition for rehearing is

Denied.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.