Legal Opinion
Benjamins v. British European Airways
Court of Appeals for the Second Circuit
Decided March 6, 1978No. 111, Docket 77-7201PublishedCited by 99 opinions
1Opinion of the Court
LUMBARD, Circuit Judge:
This appeal, arising out of the death of Hilde Benjamins in the air crash disaster at Staines, England, on June 18, 1972, once again presents us with the much-discussed question whether the Warsaw Convention1 creates a cause of action. The District Court for the Eastern District dismissed the complaint herein, believing itself bound by our prior decisions2 to answer that question in the negative. We reverse.
I
On June 18, 1972, a Trident 1 Jet Aircraft — designed and manufactured by Hawker Siddeley Aviation, Ltd. [“HSA”], and owned and operated by British European Airways…
2Cases cited17 opinions
- Edmund J. Smith v. Canadian Pacific Airways, Ltd.Court of Appeals for the Second Circuit · 1971
- Willy Dreyfus v. August Von Finck and Merck, Finck & Co.Court of Appeals for the Second Circuit · 1976
- Martha Eck v. United Arab Airlines, Inc.Court of Appeals for the Second Circuit · 1966
- Iit v. Vencap, Ltd.Court of Appeals for the Second Circuit · 1975
- Simone Maugnie v. Compagnie Nationale Air FranceCourt of Appeals for the Ninth Circuit · 1977
12 more not listed; retrieve them via the Exa API.
3Cited by99 opinions
- Air France v. SaksSupreme Court of the United States · 1985
- Dolly M. E. Filartiga and Joel Filartiga v. Americo Norberto Pena-IralaCourt of Appeals for the Second Circuit · 1980
- Yossi Gitter, in the Matter of Eden Moshe Gitter: Infant Under the Age of 16 v. Miriam GitterCourt of Appeals for the Second Circuit · 2005
- Tello v. Eastern Airlines, Inc.Supreme Court of Puerto Rico · 1987
- John J. Demarines and Doris A. Demarines, Husband and Wife v. Klm Royal Dutch AirlinesCourt of Appeals for the Third Circuit · 1978
94 more not listed; retrieve them via the Exa API.