Hardy v. Scandinavian Airlines System
United States Court of Appeals for the Fifth Circuit
117 F.4th 252 (2024)
- Written by Jamie Milne, JD
Facts
Scandinavian Airlines System (SAS) (defendant), which was headquartered in Sweden, offered flights from seven US cities, advertised and sold tickets to American consumers, and was regulated by the Federal Aviation Administration. Louisiana resident Susan Hardy (plaintiff) purchased an SAS flight from Newark, New Jersey, to Oslo, Norway. When Hardy was disembarking in Oslo, an unexpected drop to the jet bridge caused her to fall and break her leg. Hardy sued SAS in the United States District Court for the Eastern District of Louisiana, asserting a claim under the Montreal Convention, an international treaty governing the liability of air carriers. SAS moved to dismiss on the basis that the district court did not have personal jurisdiction over SAS. SAS did not identify any other district that would have personal jurisdiction. The district court dismissed the suit, concluding that SAS’s waiver of service did not create personal jurisdiction under Federal Rule of Civil Procedure 4(k)(2) (FRCP 4(k)(2)) because the rule’s requirements were not satisfied. Hardy appealed.
Rule of Law
Issue
Holding and Reasoning (Smith, J.)
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