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Compania Mexicana de Aviacion SA v. United States District Court for the Central District of California and Others

United States.  17 October 1988 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

State immunity — Jurisdictional immunity — State corporation — National airline — Passengers purchasing tickets for travel within Mexico on flight operated by Mexican national airline — Aircraft crashing in Mexico — Action for damages on behalf of deceased passengers — Whether within commercial activity exception to State immunity — Requirement of sufficient nexus between case and United States — Whether sufficient that flight ultimately terminating in United States — Whether sufficient that aircraft serviced in United States prior to crash — Requirement of direct effect in United States — United States Federal Aviation Authority issuing regulations regarding jet aircraft following crash — Whether constituting a direct effect — Waiver — Foreign carrier air permit issued by United States authorities to airline — Permit containing waiver of sovereign immunity — Whether waiver applying to cause of action arising out of plane crash in Mexico — United States Foreign Sovereign Immunities Act 1976

Jurisdiction — Civil action — Aircraft accident — Mexican passengers travelling on internal Mexican flight operated by Mexican airline — Flight crashing within Mexico and killing all passengers — Action brought by United States court on behalf of deceased passengers — Whether court having jurisdiction — Warsaw Convention, 1929, Articles 1(2) and 28 — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1994

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