Legal Opinion
In Re Air Crash at Lexington, Kentucky, August 27, 2006
District Court, E.D. Kentucky
Decided June 26, 2007No. 5:06 CV 316 KSFPublishedCited by 6 opinions
1Opinion of the Court
OPINION AND ORDER
FORESTER, Senior District Judge.
This matter is before the Court on Plaintiffs’ Motion to Remand [DE # 191] the action to the Fayette Circuit Court. This motion was passed in the Court’s Opinion and Order remanding other cases in order to allow briefing on the jurisdictional impact of the Warsaw Convention 1 or Montreal Convention. 2 The matter hav ing been fully briefed, it is now ripe for review.
I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY
Brian Byrd was a passenger on Comair Flight 5191 that crashed August 27, 2006, in Lexington, Kentucky. The parties agree that he had a…
2Cases cited25 opinions
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
- Air France v. SaksSupreme Court of the United States · 1985
- Sanchez-Llamas v. OregonSupreme Court of the United States · 2006
- El Al Israel Airlines, Ltd. v. Tsui Yuan TsengSupreme Court of the United States · 1999
- Eastern Airlines, Inc. v. FloydSupreme Court of the United States · 1991
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3Cited by6 opinions
- Doe v. Etihad Airways, P.J.S.C.Court of Appeals for the Sixth Circuit · 2017
- Benjamin v. American Airlines, Inc.District Court, S.D. Georgia · 2014
- Aikpitanhi v. Iberia Airlines of SpainDistrict Court, E.D. Michigan · 2008
- Agasino v. American Airlines Inc.District Court, N.D. Texas · 2019
- IRABOR v. Lufthansa AirlinesDistrict Court, D. Massachusetts · 2019
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