Legal Opinion
Lee v. China Airlines, Ltd.
District Court, C.D. California
Decided July 28, 1987No. 86-1015 SVWPublishedCited by 19 opinions
1Opinion of the Court
ORDER RE MOTION TO DISMISS
WILSON, District Judge.
Defendant China Airlines has moved to dismiss because of lack of jurisdiction under the Warsaw Convention (“the Convention”). See 49 U.S.C.A. § 1502 (West 1976). The plaintiffs, John and Margaret Lee, argue that Article 28 of the Convention does not require dismissal of China Airlines, and that even if it does, the court should ignore the Convention’s mandate because the Convention is unconstitutional. The court does not agree with either argument, and it therefore grants China Airlines’ motion to dismiss.
FACTUAL BACKGROUND
This case is one of…
2Cases cited16 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Shapiro v. ThompsonSupreme Court of the United States · 1969
- Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
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3Cited by19 opinions
- Jack v. Trans World Airlines, Inc.District Court, N.D. California · 1994
- Coyle v. P.T. Garuda IndonesiaCourt of Appeals for the Ninth Circuit · 2004
- K-SBoard of Immigration Appeals · 1993
- Renton Swaminathan v. Swiss Air Transport Company, Ltd.Court of Appeals for the Fifth Circuit · 1992
- American Silicon Technologies v. United StatesCourt of Appeals for the Federal Circuit · 2001
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