In re Air Crash at Madrid, Spain

On August 20, 2008, a Spanair flight crashed during takeoff in Madrid, Spain, after its warning system failed to alert the pilots that the wings were not configured for takeoff. One hundred fifty-four people were killed, and 18 were injured. Most of the victims were Spanish nationals, including the pilots. Over 200 foreign plaintiffs (the Spanish plaintiffs) (plaintiffs), none of whom were citizens of the United States, filed over 100 lawsuits in various United States district courts against the McDonnell Douglas Corporation and its successor, the Boeing Company, as well as other component manufacturers (collectively, the aircraft and component manufacturers) (defendants). The lawsuits were consolidated to one district court. The airplane and component manufacturers moved to dismiss the case on the ground of forum non conveniens, and as a condition of dismissal, agreed to submit to the jurisdiction of the Spanish courts, toll the applicable statute of limitations for a period of time following the dismissal, make all evidence and witnesses located in the United States available in Spain, and pay any final judgment against them in Spain. The district court granted the airplane and component manufacturers’ motion. The Spanish plaintiffs subsequently moved for the court to reconsider its order. The Spanish plaintiffs pointed to a newly decided Spanish court case against Spanair as proof that if they were forced to refile their claims in Spain, their case would be stayed indefinitely until the criminal proceedings against the two airplane mechanics implicated in the crash were finalized. This delay, the Spanish plaintiffs argued, rendered the Spanish forum inadequate. Alternatively, the Spanish plaintiffs asked that the court at least retain jurisdiction over discovery matters regarding evidence in the United States once they refiled their claims in Spain.