Hunter v. Deutsche Lufthansa AG
2012 U.S. Dist. LEXIS 42995
E.D.N.Y2012Background
- Plaintiff, Washington resident, contracted in 2008 with Global FZE to provide security services in Baghdad.
- Travel to Baghdad was disrupted; rerouted via Abu Dhabi with assurances about weapons in checked baggage.
- Abu Dhabi authorities imprisoned plaintiff for 37 days under harsh conditions.
- Plaintiff sues Airline Defendants (Lufthansa and Etihad) and Global Defendants (GTEC, Global UK, Global S.A.).
- Plaintiff seeks leave to amend to add Global FZE and reassert claims; defendants move to dismiss.
- Court previously dismissed Global Defendants for lack of personal jurisdiction; airline claims involve Montreal Convention issues and sovereign immunity considerations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Personal jurisdiction over Global Defendants | Global Defendants alter-ego theory supports jurisdiction | No continuous, permanent NY presence; not doing business in NY | Granted: no personal jurisdiction over Global Defendants |
| Leave to amend to add Global FZE | Amendment would unambiguously probe jurisdiction | Amendment futile due to lack of jurisdiction | Denied: amendment futile; Global FZE not subject to jurisdiction |
| Montreal Convention preemption of state claims | Convention does not preempt negligence and related state claims | Convention preempts certain claims under Article 17/19 | Convention does not preempt plaintiff's state-law claims; case proceeds on state claims (subject to other rulings) |
| Plausibility of negligence claim against airlines | Airlines breached duty by misinforming and rerouting | No duty to warn; causation weak; tariffs may limit liability | Negligence claim plausible; other claims dismissed or limited; discovery ongoing |
Key Cases Cited
- Wiwa v. Royal Dutch Petroleum Co., 226 F.3d 88 (2d Cir. 2000) (alter ego/doing business and jurisdiction analysis guidance)
- Jazini v. Nissan Motor Co., 148 F.3d 181 (2d Cir. 1998) (prima facie case in Rule 12(b)(2) context; affidavits ok to decide jurisdictional questions)
- Landoil Res. Corp. v. Alexander & Alexander Servs., Inc., 918 F.2d 1039 (2d Cir. 1990) (agency/alter ego and presence in forum for jurisdictional purposes)
- Buonocore v. Trans World Airlines, Inc., 900 F.2d 8 (2d Cir. 1990) (multi-factor test for Article 17 preemption in Montreal Convention context)
- King v. American Airlines, Inc., 284 F.3d 352 (2d Cir. 2002) (flexible approach to Article 17 preemption based on circumstances)