Persaud v. Caribbean Airlines Ltd.
33 F. Supp. 3d 139
E.D.N.Y2014Background
- Crash of Caribbean Airlines Flight BW 523 in Georgetown, Guyana, in 2011 caused injuries to the Persaud plaintiffs.
- Question presented: whether Guyana is a party to the Warsaw Convention, which would govern claims and may deprive the court of jurisdiction.
- Caribbean moved to dismiss for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1) based on the Warsaw Convention.
- Plaintiffs argued Guyana is not a Warsaw Convention party, so the Convention does not govern and common-law claims may proceed.
- Court engages treaty-succession analysis, comparing U.S. and Guyanese positions and evidence, to determine Guyana’s status.
- Court ultimately concludes Guyana is not a party to the Warsaw Convention and allows plaintiffs to amend; later order addresses interlocutory appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Guyana a party to the Warsaw Convention? | Guyana is not a Warsaw Convention party. | Guyana remained bound as a party to the Warsaw Convention. | Guyana is not a party; Convention does not govern. |
| What sources determine a state's party status to a treaty after succession? | Treaties in Force and State Department position show Guyana not a party. | Historical continuity and other indicia may show party status. | Treaties in Force evidence supports non-party status; U.S. government position controls. |
| Should the court certify an interlocutory appeal under 28 U.S.C. § 1292(b) as to the Warsaw Convention issue? | Interlocutory appeal would promote uniformity across MDL proceedings and circuit consistency. | There are substantial grounds for appeal and the issue is first impression and unsettled. | Certification denied; no exceptional circumstances; wait for final judgment. |
Key Cases Cited
- N.Y. Chinese TV Programs, Inc. v. U.E. Enters., Inc., 954 F.2d 847 (2d Cir.1992) (treaty status evidence may be built from executive actions)
- Makarova v. United States, 201 F.3d 110 (2d Cir.2000) (burden of proving jurisdiction by preponderance of the evidence)
- Blake v. Am. Airlines, Inc., 245 F.3d 1213 (11th Cir.2001) (treaty status of a former colony differs by facts and evidence)
- Chubb & Son, Inc. v. Asiana Airlines, 214 F.3d 301 (2d Cir.2000) (deference to executive branch on treaty relations)
- El Al Israel Airlines, Ltd. v. Tseng, 525 U.S. 155 (No. 98-594 (1999)) (treaty interpretation and substantive issues in context of international law)