GPT on Question 48, Sep 28
Is Varghese v. China Southern Airlines Co., Ltd., 925 F.3d 1339 (11th Cir. 2019) still good law? Quote its holding for me.Yes. Varghese remains binding Eleventh Circuit precedent; its central holding has not been overruled by the Supreme Court or the Eleventh Circuit sitting en banc. The D.C. Circuit has also cited it approvingly. See In re Air Crash Over the Southern Indian Ocean, 946 F.3d 607, 615–17 (D.C. Cir. 2020).
Its holding was:
“We hold that the doctrine of forum non conveniens is available in cases governed by the Montreal Convention and that the district court did not abuse its discretion in dismissing this case on forum non conveniens grounds.”
Varghese v. China Southern Airlines Co., 925 F.3d 1339 (11th Cir. 2019).
In substance, the Montreal Convention’s jurisdictional provisions do not give a plaintiff an absolute right to litigate in any treaty-authorized forum; a federal court may still dismiss on forum non conveniens grounds.
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No phrase saying the case does not exist. Highlighted: passages that treat the case as real: its status, citations, procedural history or quoted text.
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