Miami Partners Thomas Scott and Juan Franco obtained full dismissal of a case against their client who was sued in federal court for alleged criminal and tortious conduct occurring in France. This is a significant victory as the case presented complex jurisdictional issues culminating in a 24-page written order and millions of dollars were sought in economic damages as well as millions more in compensatory and punitive damages.
The plaintiff complained to French government authorities, resulting in a criminal investigation and proceeding in France. Tom and Juan presented a forum non conveniens defense based on this ongoing French proceeding wherein the plaintiff could obtain civil damages, or alternatively, file an independent civil action. Tom and Juan argued it would be fundamentally unfair for the plaintiff to maintain the subsequent U.S. action allowing the plaintiff to hedge and get a second bite at the apple. The plaintiff attempted to circumvent dismissal by anomalously moving to stay its own case pending resolution of the French proceeding, filing an expedited motion to have the court rule on its motion to stay first, and arguing there was no recourse in France for certain claims made under Florida law. Tom and Juan forced the plaintiff to make fatal admissions and arguments in its motion to stay and other filings which swayed the Court in its decision to dismiss the case.
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