Compania Mexicana de Aviacion SA v . United States District Court for the Central District of California and Others
1994; Cambridge University Press; Volume: 98; Linguagem: Inglês
10.1017/cbo9781316152270.010
ISSN2633-707X
Tópico(s)Legal Systems and Judicial Processes
ResumoState 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 70 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
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