Linton v. Airbus Industrie

OPINION

O’NEILL, Justice.

This is an appeal from an order granting appellees’ motion for special appearance and dismissing appellants’ claims for lack of subject matter jurisdiction. The trial court found appellees to be immune from suit in the United States because they are foreign sovereigns under the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. § 1602-11 (1989). We reverse and remand.

I. Background

This case arises from a suit brought by surviving family members of passengers killed in a crash of an Indian Airlines flight in Bangalore, India, in February of 1990. Two lawsuits were…