New York 'Nexus' Disputed in Holloway Case

Natalee Holloway

New York state has "no nexus whatsoever" to a lawsuit alleging a Dutch student abducted and sexually assaulted Natalee Holloway in Aruba, the student's attorney claims in seeking a speedy dismissal of the case.

"This case belongs in Aruba, period," says a motion to dismiss on behalf of Joran van der Sloot, citing the doctrine of "forum non conveniens."

Natalee's parents filed the suit last month against van der Sloot, a suspect in her disappearance while she was on a class trip, and his father in New York State Supreme Court. None of the parties live in New York and the complaint includes several claims under Alabama law.

In New York, if no party is a resident, the place of trial can be "in any county designated by the plaintiff." An attorney for Natalee's parents has said that "tremendous deference is given to the plaintiff's choice of forum and the plaintiff's choice of forum here is New York."

The van der Sloots were served in New York while visiting there for a television interview, putting them under the "personal jurisdiction" of the state.

Their high-profile attorney, Joseph Tacopino, argues, however, that New York courts cannot hear claims "which lack a 'substantial nexus' with this state" and the plaintiffs "cannot demonstrate any nexus to this jurisdiction let alone the substantial nexus required."

The motion to dismiss notes, among other things, that New York lacks the requisite subpoena power over "key witnesses" in Aruba and the van der Sloots could not countersue "any of the casinos, bars or hotels in Aruba as third-party defendants for their potential lack of security or negligent provision of alcohol."

Natalee, 18, was seen partying with Joran van der Sloot at an Aruba nightclub shortly before she disappeared May 30, 2005. Joran allegedly assaulted her after she left the club "in an intoxicated state."

"The failure to dismiss this case would ... create a flood of litigation filed by forum shoppers around the world," Tacopino concludes.

One of the plaintiffs' Alabama claims is for injury to a minor child -- in that state, the age of majority is 19, a year older than in New York. But Tacopino says they filed after Natalee's 19th birthday and that they "are not her legal guardians."