U.S. DISTRICT COURT GRANTS UNITED AIRLINES’ MOTION TO DISMISS
July 12, 2021
On June 14, 2021, the U.S. District Court for the Southern District of New York issued a decision granting United Airlines’ Motion to Dismiss in a case involving a passenger who was injured on a jetway while departing an aircraft at Newark Liberty International Airport. The injured passenger initiated the case against the Port Authority of New York and New Jersey (PANYNJ) and United in New York State court, claiming negligence in the maintenance of the jetway. United successfully removed the case to a New York federal court, and subsequently filed a motion to dismiss for lack of personal jurisdiction, claiming that the federal court lacked general and specific jurisdiction over United in the state of New York.
New York courts typically exercise personal jurisdiction over any non-resident individual, such as United, when they transact any business within the state. More specifically, to exercise personal jurisdiction over a non-resident defendant, the defendant must have transacted business within the state and the plaintiff’s claim must arise from that specific business activity. United argued that because the plaintiff’s claim arose from alleged negligence in New Jersey, and did not arise specifically from the ticket purchase in New York, the court could not exercise personal jurisdiction over United. The court agreed with United’s argument, specifically relying on past court precedent holding that the purchase of a ticket from a Defendant in New York does not, by itself, grant personal jurisdiction over a defendant. The court also rejected the plaintiff’s request to transfer the case to New Jersey, finding that it was the plaintiff’s duty to correctly identify the proper forum for a case and that no prejudice would occur from the dismissal. On June 24, 2021, the plaintiff advised the court that he did not intend to continue the case against PANYNJ in the district court, and on June 25, 2021, the court subsequently requested that the remaining parties file a stipulated request for a dismissal.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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