Malaysia Shipping v. Sinochem Intl Co

Opinions of the United 2006 Decisions States Court of Appeals for the Third Circuit

2-8-2006

Malaysia Shipping v. Sinochem Intl Co Precedential or Non-Precedential: Precedential

Docket No. 04-1816 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2006

Recommended Citation "Malaysia Shipping v. Sinochem Intl Co" (2006). 2006 Decisions. Paper 1515. http://digitalcommons.law.villanova.edu/thirdcircuit_2006/1515

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 04-1816

MALAYSIA INTERNATIONAL SHIPPING CORPORATION

Appellant

v.

SINOCHEM INTERNATIONAL CO. LTD.

Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civil Action No. 03-cv-03771) District Judge: Honorable Franklin S. Van Antwerpen

Argued June 7, 2005

Before: AMBRO, STAPLETON and ALARCÓN *, Circuit Judges

(Opinion filed February 7, 2006)

ORDER AMENDING PUBLISHED OPINION

AMBRO, Circuit Judge

IT IS NOW ORDERED that the published Opinion in the above case filed February 7, 2006, be amended as follows:

On page 30, last line of text, after “(Breyer, C.J.) (same).”, add two spaces and insert the following text: “Stated differently, but with the same requirement of

* Honorable Arthur L. Alarcón, Senior United States Circuit Judge for the Ninth Circuit Court of Appeals, sitting by designation.

jurisdiction, we have held that the ultimate inquiry of forum non conveniens “is whether the retention of jurisdiction by the district court would best serve the convenience of the parties and the ends of justice.” Mobil Tankers Co., S.A. v. Mene Grande Oil Co., 363 F.2d 611, 613 (3d Cir. 1966); see also Hoffman v. Goberman, 420 F.2d 423, 426 (3d Cir. 1970) (same).”

By the Court,

/s/ Thomas L. Ambro, Circuit Judge

Dated: February 8, 2006 CMD/cc: Diane B. Carvell, Esq. Ann-Michele G. Higgins, Esq. Diane B. Carvell, Esq.