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Inoue v. Aviaco Airlines

Tokyo District Court
Hanrei Jihō (No. 1232) 40 (1988)

Written by David Bloom, JD

Facts

A plane operated by Aviaco Airlines (Aviaco) (defendant) collided with another plane operated by Iberia Airlines (Iberia) (defendant) at an airport in Spain, killing passengers on both planes. The heirs of the Japanese passengers (plaintiffs) aboard the Iberia plane sued Iberia and Aviaco in Japan. Iberia had offices in Japan. Aviaco was based in Spain and conducted no business in Japan. Aviaco challenged the Japanese court’s jurisdiction, arguing that forcing Aviaco to litigate in Japan was unfair and burdensome.

Rule of Law

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Issue

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Holding and Reasoning (Yazaki, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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