Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

KING v. AMERICAN AIRLINES

May 2, 2001

GEORGE KING AND JUDY KING, PLAINTIFFS,
V.
AMERICAN AIRLINES, INC.; FLAGSHIP AIRLINES, INCORPORATED; AMR CORPORATION, AMR EAGLE HOLDING CORPORATION; AND AMERICAN EAGLE AIRLINES, INC., DEFENDANTS



The opinion of the court was delivered by: Hurd, United States District Judge

MEMORANDUM DECISION AND ORDER

I. INTRODUCTION

On July 24, 2000, plaintiffs George King and Judy King (collectively, "plaintiffs") commenced the instant action against defendants American Airlines, Inc., AMR Corporation, AMR Eagle Holding Corporation, American Eagle Airlines, Inc., and Flagship Airlines, Inc. (collectively, "defendants") pursuant to 42 U.S.C. § 1981, and asserting ten causes of action pursuant to Section 1981 the U.S. Constitution, and state law. Plaintiffs filed an amended complaint on August 7, 2000. Defendants answered the amended complaint on September 5, 2000, and asserted twenty-one affirmative defenses.

Defendants now move for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). Plaintiffs oppose. Oral argument was heard on March 28, 2001, in Albany, New York. Decision was reserved.

II. FACTS

This action arises from the alleged discrimination against the plaintiffs by defendant Flagship Airlines. The following are the pertinent facts as stated in the light most favorable to the non-moving plaintiffs.

III. STANDARD OF REVIEW

A. Judgment On the Pleadings

The standard of review for the other defendants' motion pursuant to Federal Rule of Civil Procedure 12(c) is the same as that for a motion pursuant to Rule 12(b)(6). Irish Lesbian and Gay Org. v. Giuliani, 143 F.3d 638, 644 (2d Cir. 1998). In deciding a Rule 12(c) motion, a court "must accept the allegations contained in the complaint as true and draw all reasonable inferences in favor of the non-movant; it should not dismiss the complaint `unless it appears beyond a reasonable doubt that the [plaintiffs] can prove no set of facts in support of [their] claim which would entitle [them] to relief." Sheppard v. Beerman, 18 F.3d 147, 150 (2d Cir. 1994) (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)); see also Kaluczky v. City of White Plains, 57 F.3d 202, 206 (2d Cir. 1995). However, conclusive allegations that merely state the general legal conclusions necessary to prevail on the merits and are unsupported by factual averments will not be accepted as true. See, e.g., Clapp v. Greene, 743 F. Supp. 273, 276 (S.D.N.Y. 1990); Albert v. Carovano, 851 F.2d 561, 572 (2d Cir. 1988).

IV. DISCUSSION

The issue on this motion is whether or not the conduct alleged falls within the scope of the Warsaw Convention (the "Convention"). The Convention provides the exclusive remedy for injuries incurred during transportation in which, "according to the contract made by the parties, the place of departure and the place of destination . . . are situated . . . within the territories of two High Contracting Parties."*fn1 It is undisputed that, because the United States and the Bahamas are both "High Contracting Parties," the plaintiffs had contracted with defendants for transportation to which the Convention applies.

Defendant's contend that because the Convention applies to the instant action, plaintiffs' action must be dismissed because it was not commenced within the two-year statute of limitations applicable to sections under the Convention.*fn2 Plaintiffs argue in opposition that actions for discriminatory "bumping" do not fall within the scope of the Convention, and accordingly, this action was timely filed within the three-year statute of limitations applicable to actions under 42 U.S.C. § 1981. Because plaintiffs' claims do fall within the scope of the Convention's provisions, defendants' motion for judgment on the pleadings must be granted.

The Convention provides the exclusive remedy for. conduct which falls within the scope of its provisions. El Al Israel Airlines, Ltd. v. Tsui Yuan Tseng, 525 U.S. 155, 119 S.Ct. 662, 142 L.Ed.2d 576 (1999). There are three types of activities to which liability attaches under the Convention. These are claims based on personal injuries (Article 17), lost or damaged luggage (Article 18), and damages due to delays in transportation (Article 19). Article 24 of the Convention provides that, "[i]n the carriage of "passengers and baggage, any action ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.