In a tort action arising out of a scuba diving accident, the dismissal of the action on forum non conveniens grounds is affirmed where a claim implicating the Death on the High Seas Act is within the admiralty jurisdiction of the federal courts, and is thus subject to discretionary dismissal on forum non conveniens grounds.
Argued and Submitted October 21, 2008
Submission Vacated October 30, 2008
Resubmitted August 21, 2009
Filed October 2, 2009
Opinion by Judge Rymer
Dissent by Judge Kleinfeld
Scott E. Stafne, Stafne Law Firm, Arlington, WA