U.S. DISTRICT COURT DISMISSES COMPLAINT ALLEGING VIOLATIONS UNDER MONTREAL CONVENTION FOR LACK OF JURISDICTION
September 12, 2023
On August 11, 2023, the United States District Court for the Eastern District of Louisiana dismissed a Complaint against Scandinavian Airlines System (“SAS”) requesting damages under the Montreal Convention for a passenger’s fall while disembarking an aircraft in Oslo, Norway. Hardy v. Scandinavian Airlines Sys., 2023 U.S. Dist. LEXIS 140171. In dismissing the plaintiff’s claim, the Court reasoned that the Montreal Convention does not provide an independent basis for personal jurisdiction over the airline. In addition, the Court concluded that because the plaintiff’s cause of action arose from injuries that occurred in Oslo, not in the United States, the Court lacked specific personal jurisdiction over the defendant. As a result, the Court dismissed the plaintiff’s claim requesting recovery under the Montreal Convention for lack of personal jurisdiction.
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