Legal Opinion
Polanski v. KLM Royal Dutch Airlines
District Court, S.D. California
Decided July 7, 2005No. 04CV2521BEN(AJB)PublishedCited by 6 opinions
1Opinion of the Court
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT ELM’S MOTION TO DISMISS PURSUANT TO FRCP 12(b)(1) [Docket No. 22]
BENITEZ, District Judge.
This is a personal injury lawsuit claiming jurisdiction under 28 U.S.C. § 1332 and pursuant to a treaty of the United States under 28 U.S.C. § 1331.- Defendant KLM Royal Dutch Airlines moves to dismiss this Complaint for lack of subject matter jurisdiction. The Court concludes that it has federal question jurisdiction over claim one for Treaty Liability under 28 U.S.C. § 1331, pursuant to the Warsaw Convention, and the Motion to Dismiss is denied as to…
2Cases cited22 opinions
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- Shelley Savage v. Glendale Union High School, District No. 205, Maricopa CountyCourt of Appeals for the Ninth Circuit · 2003
- White v. LeeCourt of Appeals for the Ninth Circuit · 2000
- Air France v. SaksSupreme Court of the United States · 1985
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3Cited by6 opinions
- Continental Insurance Company, a Corporation v. Federal Express Corporation, a Corporation, Continental Insurance Company, a Corporation v. Federal Express Corporation, a CorporationCourt of Appeals for the Ninth Circuit · 2006
- In Re Air Crash Over the Mid-Atlantic on June 1, 2009District Court, N.D. California · 2010
- Continental Insurance v. Federal Express Corp.Court of Appeals for the Ninth Circuit · 2006
- Barajas v. Ashford TRS Walnut Creek LLCDistrict Court, N.D. California · 2021
- Motlagh v. Qatar Airways, Q.C.S.C.District Court, S.D. California · 2020
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