Twitty, Holloway Lawsuit Most Likely Going Nowhere

At about 1:30 a.m., court papers say, an intoxicated Holloway left with van Der Sloot and the Kalpoe brothers. Several of Holloway's friends saw her in the car with the youths and asked her to get out, court papers say, but she did not.

Natalee Holloway was eighteen and intoxicated of her own free will. If this ever did come to trial, which I doubt it will, certain individuals from Alabama will be compelled to testify that Natalee Holloway was acting in a manner that night wholly inconsistent with the image portrayed on Fox News. They will also be forced to testify truthfully that, in all likelihood, this had nothing to do with any date rape drug scenario and it was not the first or only occasion Ms. Holloway exhibited such behavior, including previous evenings on the trip, as well as at gatherings back in Alabama.

The record would likely also reflect that Natalee had every opportunity to remove herself from the vehicle in question and elected to not do so, again, of her own free will. Said record will also likely come to reflect that Natalee had a troubling side to her which, while one or both of her parents may or may not have been aware of it, certainly others in the family were.

"The next hours of Natalee's young life were marked by torment, terror and debasement," court papers say, describing an imagined sexual assault. "Natalee has not been seen or heard from since entering Deepak's car with Joran."

A lawsuit has apparently been filed lacking any substantive facts, based solely on the single-minded and misguided hyperbole we've been witnessing on Fox News.

None of this goes to whether Joran Van Der Sloot is guilty of any crime, or not. And that's a question I can't claim to answer. But the lack of a charge or conviction in a tragic case does not give anyone the right to harass another individual or family with what amounts to a frivolous lawsuit.

Some of the information upon which I base my opinions above is information I have had for a significant period of time from unimpeachable sources more than close to the Twitty family and the case. Confidentiality agreements have prevented me from sharing that information here and I continue to honor those agreements.

However, were this to become a legal matter, I would feel compelled to report the truth as I know it, including providing my sources so that they could be subpoenaed to testify under oath in open court.

Based on all knowable facts at this time, I suspect any judge or jury would likely conclude that Natalee Holloway could just as easily have fallen victim to an unknown perpetrator on the way back to her hotel, including another Mountain Brook resident, taken her own life as a result of emotional issues complicated by intoxication, died accidentally from drowning, or been murdered by Joran Van Der Sloot.

As I doubt any evidence will point to one scenario over another, it's likely the lawsuit should simply be dismissed.

Update: I should point out that I believe the news of the lawsuit being served was broken at the JVDS Blog. And you will want to check in there today as I have reason to believe there will be additional information forthcoming.

Comments

[Isanah]

I hope the VDS's fight this BS lawsuit and reveal the Twitty's for what they really are, liars!

[legalbeagle]

Good post. I hope you are able to release the confidential information you have been provided. Why on earth are the Holloways on such a warpath for Joran vDS? IF he has not done what they have stated, on TV everywhere, and now in court papers, this is very cruel. Why are they continuing to state these things WITHOUT providing proof? Are they just trying to circumvent the VDS' lawsuit against, was it, Fox News or something?

[Flying Dutchman]

So what are we to conclude from this lawsuit? Money is more important than Natalee for Beth?

As you pointed out Dan, this case is probably going nowhere. What it will accomplish however is a negative public view form the Dutch towards America.

State Departments, get in gear!

[Dutchareidiots]

Dutchman..go fly your kite.

You do what you have to do Beth, & Dave. These Van de slut folks are just scum of the earth.
Proven over and oever. I mean just look at these people . Damn sickening.

[DoorMart]

Obviously Dan Riehl has zero understanding of US civil law

The lawsuit is not merely to collect money. It is to get info

The most nervous people on the planet right now are the Aruban officials...especially those directly involved in Natalee's disappearance.

Once the depositions start, and I am positive the VDS clan will answer them since not responding points to their guilt (the VDS clan could lose in a "default judgement"...ie..."found liable"). If the VDS clan refuses to cooperate...you know that the Aruban govt told them not to.

If the VDS refuse to cooperate....the judge can cite them for "contempt of court" if they refuse to do so....thus meaning the VDS clan could be picked up and brought back to the US. I can guarantee you there will be bounty hunters lining up to get the VDS clan if this happens....and there wont be the "extradition hearings" needed (unlike the Neil Entwistle case....where he is merely charged by a prosecutor....not cited by a judge. Big difference)

I tell you....the real dropped-pantloads are the Aruban govt officials....for the Twitty's-Holloway's can get all the documents held by the Aruban govt.....a US judge will more than likely order the Arubes to turn over all documents

And...an added headache for the Arubes: PVDS is going to court to have Joran cleared in Aruba. If the Arube judge clears Joran....then Joran no longer could claim a 5th Amendment priviledge in US courts....since he would be criminally cleared in Aruba. Joran nor PVDS can hide by the US Const 5th Amendment if they are both criminally cleared in Aruba

Oh how the Arube govt is squishing in their galoshes! Hehehe.

The next meeting of the Strategic Task Force in Aruba should be a doozy. Steve Cohen cant BS his way out of this one

As for the US courts being used.....since Natalee has not been found...and there is strong belief she was dumped in International waters.....the Arubes can challenge jurisdiction...but they would have to reveal exactly what happened to Natalee to legally fight a claim as to US jurisdiction.

Oh....to fight US jurisdiction they would have to disclose where Natalee was dumped...and if it was an Aruban-owned boat. You cant claim no jurisdiction without proof

I wonder how Riehl, Julia Renfro, and other anti-US pro-Arube Americans will spin this latest development?

[nelson]

Doormart sorry to inform you but in your wildest dreams this will happen!!

[sensible]

...as Mickey Sherman said last night: this lawsuit sounds like the making of a Lifetime movie.

[boywonder]

Better hope it is dismissed Dan...I feel a subpoena in your future

[Flying Dutchman]

Dutchman..go fly your kite.

You do what you have to do Beth, & Dave. These Van de slut folks are just scum of the earth.
Proven over and oever. I mean just look at these people . Damn sickening.

Posted by: Dutchareidiots | Friday, February 17, 2006 at 06:14 AM

Hmmm... very mature response indeed.

Luckily most Dutch people are sane enough to see that responses like yours are not the responses from the more intelligent of all Americans.

You really have a gift, concluding from a photograph, that people are the scum of the earth. Must be fun at birthday parties!

And for your sentence "proven over and over again" (notice there are no typos in my version), I thought that was the biggest problem in the NH case? No proof at all!

[nelson]

Flying Dutchman, these people dont even bother give them a piece of mind, usually these type of responses are associated with lack of education and ethics.

[Murphy]

If this was my daughter missing,I would sue the VDS in the US,New York,Aruba,Holland, Alabama, Mississippi, I be damed if I would let those SOB's get away with this.How many times has joren lied, final case in hell.

[Flying Dutchman]

I know Nelson, I've allready met lots off them over here.

But once in a while it feels good to just say what you want to say to them.
I know, no matter what my answer will be, these people are without reason and common sense.

[Flying Dutchman]

If this was my daughter missing,I would sue the VDS in the US,New York,Aruba,Holland, Alabama, Mississippi, I be damed if I would let those SOB's get away with this.How many times has joren lied, final case in hell.

Posted by: Murphy | Friday, February 17, 2006 at 07:55 AM

According to all the reliable information on the web he has lied once.

Other changes in his statement came due to the fact he remembered certain details.

[gagal_05]

I hope the Van Der Sloots were prepared for this and give the Twittys a run for their money, which money is the name of the game with the Twittys. Gloria Allred even said this has no chance of flying and she will represent anyone for the money. Ummmmm, that's a thought, maybe the Van Der Sloots can hire her.

[fanny&burglar]

"If the VDS refuse to cooperate....the judge can cite them for "contempt of court" if they refuse to do so....thus meaning the VDS clan could be picked up and brought back to the US. I can guarantee you there will be bounty hunters lining up to get the VDS clan if this happens....and there wont be the "extradition hearings" needed (unlike the Neil Entwistle case....where he is merely charged by a prosecutor....not cited by a judge. Big difference)"

doormart....Last time I checked it was a CIVIL suit. So NO bounty hunters, american judges or anyone can legally prohibit the van der Sloots from entering and leaving the country until a default judgemnet passes.And after that they just wouldnt be allowed assets in the US.
So much for your law degree ;)
I hope they stay for the law suit though. Im wondering what will be brought forward,who will win. Both sides have strong motivation to win. And if both have any proof to their claims of guilt or innocence will be interesting to see.

[DoorMart]

You all miss the point...the lawsuit is to get info.

The smartest thing the VDS clan can do is "sell out" the Aruban govt...blame them for this whole fiasco. Of course the Arubes will put a lot of pressure on the VDS clan to not cooperate.

I can tell by the negative responses to my first post....that the VDS supporters are absolutely clueless. That is a fact.

This civil case and trial will be a doozy. John Q Kelly has a good track record, too...he was the atty for Nicole Brown Simpson's family in the OJ civil trial.

Maybe Joran, Paulus, and OJ can go find the "real killers".

[Flip]

Let's have it with the court case. If Joran's guilty he should pay for his sins. Out in the open with the evidence.....oops it's an open criminal investigation now what ?
If the case isn't dismissed as some posters think, will the judge rule a continuance until the criminal investigation is closed... or have the case heard behind closed doors with sealed documents (in that case we won't be the wiser for it) or will it still be in public court and give the defendants lots of inadmissable evidence in a Aruba criminal case ?

[DoorMart]

Fanny....if the judge cites "contempt of court" against the VDS clan or the Arubes for not appearing or cooperating.....yes they can be brought back to the US. They would be violating a court order. And yes, people would be lining up to bring them back...extradition hearings or not.

[Mike]

Dan,

If Natalee killed herself, how does she managed to get rid of her own body?

[Flip]

Dan,

If Natalee killed herself, how does she managed to get rid of her own body?

Posted by: Mike | Friday, February 17, 2006 at 08:20 AM

Ever hear of ocean currents ? There's quite some ocean in the neighborhood, and Natalee wasn't far removed from it either. That enough of an answer?

[xxx]

I want to know why Dan keeps harping on the fact that Natalee WILLINGLY got intoxicated and WILLINGLY got in the car?

Has he never in his life heard of a woman willingly getting drunk and willingly going somewhere with a man or men and then UNWILLINGLY being raped or murdered?

Apparently, even though sanctimonious Dan will NEVER ADMIT this, but he believes Natalee being drunk and leaving with the boys is a MITIGATING CIRCUMSTANCE to her being raped and murdered, if that is what happened.

She might have killed herself out of emotional distress? And her body just then coincidentally disappeared without a trace and the 3 last people seen with her started a series of lies and ended the night cleaning ants out of the car she was last seen in.

Yup, that is about as likely as the WMD that were supposedly all over Iraq having been mysteriously transported to Syria without any satellite intelligence to support it.

In other words, it is totally implausible, just like just about ever other theory Dan has floated since the family cut him off.

[Mike]

"Ever hear of ocean currents ? There's quite some ocean in the neighborhood, and Natalee wasn't far removed from it either. That enough of an answer?"

Come on....do real believe that?

I thin maybe the alien theory would be more plausible.

[Mike]

"Ever hear of ocean currents ? There's quite some ocean in the neighborhood, and Natalee wasn't far removed from it either. That enough of an answer?"

Another thing how do we know Natalee was anywhere near that beach or any other for that matter....all we have is the word of three proven liars.

[Flip]

Has he never in his life heard of a woman willingly getting drunk and willingly going somewhere with a man or men and then UNWILLINGLY being raped or murdered?

I've heard of this being alleged and I've also heard that the woman in that case had a hard time convincing a judge or jury of it being rape and not consensual sex. Whether true or not.

[xxx]

I was just waiting to see if Dan would show his true colors and of course he did, Natalee went willingly and drank willingly, Natalee had a dark side...

It has been posted about a million times that in order for a body to disappear into the current a person would need to swim about 100-200 YARDS out, seems pretty unlikely that a drunk person is going to be able to swim that far out.

And certainly, if we believe Joran, which I don't but Dan does, Joran left Natalee in a happy, romantic daze on the beach, so did she then all of a sudden have a breakdown, became suicidal in a matter of minutes, then, despite statements that she was drunk and falling down, waking up and passing out, she summoned the near superhuman strength to swim out at night over 100 yards???

Yeah, I gotto go clean the ants out of my car now.

[Flip]

Another thing how do we know Natalee was anywhere near that beach or any other for that matter....all we have is the word of three proven liars.

Posted by: Mike

Well her hotel room was less than 30 mtrs from that beach, close enough. Check up on the dimensions of Aruba, I'd guess a 15 minute drive would be the furthest one would be able to get removed from a beach.

[musicgirlms]

I also find it odd that Dan wants to point out that nobody was forcing Natalee to drink or to get into that car.

Natalee did not commit a crime by those actions. They were not necessarily showing the best judgment but she certainly did not commit a crime. Who cares if she were the biggest drunk in her class? She did not deserve to get murdered. Too bad she cannot now speak to defend her reputation or leaving with the Van der Sloot. And, you see, he can speak but just does not want to speak the truth.

[Mike]

Well her hotel room was less than 30 mtrs from that beach, close enough. Check up on the dimensions of Aruba, I'd guess a 15 minute drive would be the furthest one would be able to get removed from a beach

I know its an island...but no one knows if she was on the Merriott beach that night....we only have the word of the 3 suspects.

[Flip]

I know its an island...but no one knows if she was on the Merriott beach that night....we only have the word of the 3 suspects.

Posted by: Mike

All I wanted to say is there's lots of ocean around and not much island in between besides I don't remember the 3 suspects suggesting she committed suicide by drowning. Dan did that and if you cannot accept that as another possibility all discussion ends here.

[yankee-in-france]

Ah, yes, mass intelligence is indeed rare!

[Flip]

It has been posted about a million times that in order for a body to disappear into the current a person would need to swim about 100-200 YARDS out, seems pretty unlikely that a drunk person is going to be able to swim that far out.
Posted by: xxx | Friday, February 17, 2006 at 08:34 AM

According to a local, anything that floats will be blown out to the ocean in the direction of Panama, by the ever blowing stiff eastern breeze. So all she had to do was float a bit, I'd say a drunk is definitely capable af that.

I do hope the ants you have to clean out are of a diiferent variety than Deepak's seeing as how they got in there.

[ikitos]

Sorry folks, you can't extradite in a civil matter.

[splashtc]

With her body so completly gone-any reasonable person would assume foul play. Doesn't matter if she was a drunken hooker. Do all the slovenly drunk and half naked mardi gras people deserve to die because they asked for it? Natalee went home with the local judges' son,where's the big risk in that. The VDS know exactly what happened and now the US legal system can find out. Go Beth!

[JOSHUA GARRETT]

Word out of New York this very fine morning is the "James Bond" secret Scotland Yard fool misspelled Joran's name on the subpoena as he received instructions when landing to fill in the data. What a complete ass. The entire face will be thrown out within the next 3 business days. Typical typical Holloway-Twitty redneck backwoods screw up once again. These hicks need to stay on the Ozarks they can never get anything right. ROFLMAO!!!

[Heli]

The alleged victim resided in Alabama. One Plaintiff resides in Mississippi while the other reides in Alabama. One Defendant resides in The Netherlands while the other resides in Aruba. The Complaint alleges crimes committed against Natalee Holloway that occurred in Aruba. The civil suit has been filed in a New York State Court.

Does that strike anyone as hugely problematic, even if you don't have any legal expertise? A New York State Court has no jurisdiction over these Defendants, cannot compel to attend, testify or give depositions. Moreover, I highly doubt this Court can subpoena foreign citizens to submit to deposition or cross-examination in a civil suit that did not occur within the State and where none of the Plaintiffs reside nor carry on business.

All the van der Sloots have to do is leave the US and totally disregard this suit; there is no jurisdiction to compel them to appear or file any response to this Complaint. As several attorneys outlined last nite in the media, dismissal for lack of jurisdiction is highly probable. In addition, the suit was described as "fatally flawed" not only with regard to jurisdiction but also with regard to no facts in support of the complaints. The lawsuit was bluntly characterized by Mickey Sherman in this way:

You need competent, reliable EVIDENCE, not character assassinations.

[Althor]

As always the madness continues, and as we can witness here, the good for nothing Beth "Kool Aid Drinkers" are all elated: Beth is once more on the prowl, and what is much, much worse, every figging night on our television screens once again!!!

This is frivolous suit that will be most likely be dismissed through a "Motion for Summary Judgment for Frivolousness" as HarryTho so eruditely points out in his latest post, part of which I quote:

"The service listed three counts: sex with a minor, false imprisonment and malicious interference. The Joran van der Sloot blog outlines how the service was perfected in hotels and as the flights touched down. Clearly, it was a well-orchestrated effort by the law firm in order to coordinate their service."

"Since the Van der Sloots reside in Aruba outside the jurisdiction of the United States of America, a law firm with international law experience was required. Interestingly, the portfolio for Chadbourne & Parke does not list any specialty related to the charges contained in the service or any experience with Dutch law. As a private law firm, the service contends only civil remedies."

"In reviewing the counts reported, some may immediately be discounted via a motion for summary judgement."

"The first count: sexual assault against a minor, we have to adjudicate whom is the minor. Since this service has to be within the scope of international law, an age acceptable to international standards for statutory rape must prevail. That age could not be more than 16. Accordingly, since Natalee Holloway as 18, this count seems frivolous. To the best of my knowledge, the age in Aruba is either 14 or 16 for statutory rape. The only except is sex with a person who is mentally incompetent in order to understand the nature of the sex act. In this instance, the fact that Natalee Holloway traveled to Aruba on her own and managed to attend a number of function unassisted, this except would not apply."

"The second count: false imprisonment, requires a lot of evidence. First, the person complaining must have been restrained on all sides. Second, there had to be an intent to restrain the complainant. The intent element is the prime factor in false imprisonment. In a sense, one of the three suspects has to confess that the suspects had the intent of kidnapping Natalee Holloway. With the three suspects released form custody for lack of evidence, this count seems way beyond the reach of the most talented litigator. Additionally, John Q. Kelly lacks a bona fide complainant. John is facing circumstantial evidence extravaganza!"

"The third count: malicious interference, seems bizarre, even for a courtroom pleading. The only idea that comes to mind is some allegation against Paulus van der Sloot, based upon hearsay. However, we must understand that the Dutch court cleared Paulus van der Sloot of all suspicions and released him from the case. It seems clear that res judicata prevails in this count."

"For the benefit of our readers, res judicata is a rule of law that states once a case has been decided judicially, then it is settled forever. Paulus van der Sloot can summary plead this count away."

"Accordingly, I find no substance to these counts. to me, a simple motion for summary judgment for frivolousness ends this case. If the motion for summary judgement is granted ... and it should be ... then attorney John Q. Kelly could be held liable for all the damages."

http://www.hyscience.com/archives/2006/02/harrytho_216_na.php

So, I'm sorry to burst the bubble of all you "Beth Lapdogs" out there, but nothing will come of this except the one and only reason why this legal fallacy was indulged in the first place, which is to return Beth to her beloved
"limelight" on Greta every night, once again, and resurrect and keep beating this not only "Dead," but
"Dessicated," and "Mummified" (or shall I say "Mommified")
"Horse" of a story; and being that, as Harry also pointed out that the Law firm of Chadbourne & Parke's expertise is more in line with what Rupert Murdoch engages ... acquisitions, mergers, etc. I wouldn't put it pass him, that it is none other than Murdoch himself who is footing the bill, and telling the Firm to go ahead with this hare-brained scheme regardless of the merits. Perhaps his involvement explains why the acquiescence of the otherwise incisive and caustic Bill O'Reilly who has always given her a pass on his show, and the obsession of "Faux" News, and especially Greta, with Beth and her "Soap Opera Melodrama TV Reality Show!"

But hey, why befuddle you all with facts and legal intricacies, Beth the wailing, vengeful, Banshee is back... coming out of our screens just like Spielberg's poltergeists, and her adoring acolyte worshippers just love it!!!

Oh well! (sigh)

Althor

P.S. Someone ought to buy her a "T" Shirt showing caricatures of Mohammed, and invite her to do one of her "Public Appearances" in Karachi. That might be the only way we'll never see her again on TV!!! LMAO!

Althor :)

[brownalmostblackman]

Just when I was getting bored with this case. A seemingly decent thirteen year old girls' life is disrupted by the entrance of Mr. Regiment, no nonsense Juuuuuug Twitty whose new wife is enamored with expectations of a higher status in life, finds Natalie in a difficult situation, unlike the her prior life. Those MB kids know more than anyone, as well as her siblings and half siblings. Too bad, but that's the way it is. The Twiitys don't have anything to sue for, since the VDS's are only suspects. So there!!!!

[COLUMBO]

They want the Vander Sloots 'on the record.' With enough rope they will hang themselves. Joran said he is not ready to tell the truth about what happened. They are trying to squeeze the toothpaste tube from the bottom. The Van der Sloots are trying to get work in the Dutch U.N. detachment. Diplomatic immunity will solve everything. There is a race against time. Obviously Paulus has pictures...and knows how to play this game.

[Taurus]

and it should be ... then attorney John Q. Kelly could be held liable for all the damages."

How can anybody be held for liable and slander for repeating statements the accused made?

[yankee-in-france]

Duh, something for you to think about -- what if the statements weren't the accused's statements, hence libel and slander. Think about it, you might understand it.

[nancyjcrichton]

Althor: Thanks for the detail. I haven't read the complaint, just heard JQK on Greta's last night crowing about this slick service of process.

My big question is jurisdiction. The suit was filed in New York State, the incident occurred in Aruba, the Twittys live in Alabama, Dave lives in Mississippi; how does New York get jurisdiction???? Just because the Vandersloots set foot in that state gives them jurisdiction???

JQK also mentioned last night that Dave Holloway's co-author was instrumental in setting up the media interview in New York for the Vandesloots. Was this whole thing a set up from the beginning just to get them to New York???

Interesting legal issues coming up. I can't wait to see who will represent the Vandersloots in court and who all the attorneys are going to be lining up on the Twitty side.

Someone posted some information from either the New York Bar or some licensing division of NY that JQK's credentials were not up to snuff; anything to that???

Thanks again for the detail, please keep posting the technical stuff. Moey

[nelson]

Althor I own a clothing manufacturing company, I will be more then willing to make that T-SHIRT and also even charter a private plane to take that WITCH to Pakistan.

[mOxie]

hope the Van Der Sloots were prepared for this and give the Twittys a run for their money, which money is the name of the game with the Twittys. Gloria Allred even said this has no chance of flying and she will represent anyone for the money. Ummmmm, that's a thought, maybe the Van Der Sloots can hire her.

Posted by: gagal_05 | Friday, February 17, 2006 at 08:06 AM

They knew this was likely. Unlike the Twitty-Holloway cartel, they are neither stupid nor arrogant.

I would enjoy seeing Allred help the Van der Sloots. She is a bulldog with a brooch.

For all you haters and Bethco trolls, this is a frivolous suit and is more than likely to be dismissed. It is also the kind of suit that can get the filing attorney sanctioned.

[Skye]

Althor I own a clothing manufacturing company, I will be more then willing to make that T-SHIRT and also even charter a private plane to take that WITCH to Pakistan.

Posted by: nelson | Friday, February 17, 2006 at 09:51 AM

Are you threatening to kidnap her?

[nelson]

Nope offer her a FREE ride!!! I'am not from the SOUTH

[nelson]

Skye you sound very skeptical!! who do you think I'am? lighten up.

[Skye]

I dont know who you are , Nelson.

What have you got against the south?

[Flip]

I can't wait for this to evolve. The vdS more or less expected something of the sort to happen, according to a Dutch, NY based journalist who spoke to the vdS parents yesterday about the risks being taken. Joran wanted to take the risks in order to be rehabilitated.
http://www.novatv.nl is a dutch site though.
I want to see Beth being deposed by a tough defense lawyer, one who WILL ask questions and not shut up once Beth utters "Hm You know it's not even relevant you know".

[nelson]

Well from what I have seen so far from good ole Beth, the way she is handling this case is not very "lady like" lets put it that way. Yes she has lost her daughter, but its seems like its not about her daughter anymore since a long time allready, she doesn't even mention her name anymore or how much she misses her. Its seems like its all about revenge and blood also against the VDS and Aruba as a nation.

[DoorMart]

Mickey Sherman (as usual) is wrong..... Most TV lawyers are clueless when they comment on these cases. They do zero research of cases they comment on

The case will not be thrown out right away. In order for someone to claim "no jurisdiction"....they will have to prove exactly where Natalee was victimized. Since Natalee is not here, nor remains have been found, this will be hard to prove.....unless the Arubes or the VDS release confidential info (like...where she died, where she was disposed). Also, if Natalee was dumped in international waters....then you have another jurisdictional question....as parts of the crime were committed OUTSIDE of Aruba

Since the victim and the parties involved are in different jurisdictions.....they can use courts outside their jurisdiction to file the suit. Since monetary damages were not apparently stated....the NY state court can have jurisdiction.

If the claim is for over $75,000 and involves multiple jurisdictions.....the US Federal Courts will have jurisdiction. This is known as a "diversity claim". It is quite probable that the case was filed in a NY State court because their laws and procedures benefit Natalee's family more. If the NY state court dismisses it....then the suit can be filed in Federal Court in NYC. In a diversity claim in a Federal Court, the Federal Court will use the rules of the state it is filed in (or loss took place)....in this case it will be New York.

More than likely, this case will stay in the NY courts until AFTER discovery and depositions take place. A judge cannot rule on the case's merits, or jurisdiction, until after discovery is done.

It is possible that NY was chosen because it is easy for foreigners to travel to and from, thus taking away the excuse of "Travel to the US is impossible". No place in the world handles more international travel than NYC