In Re Air Crash Over Mid-Atlantic on June 1, 2009

MEMORANDUM AND ORDER GRANTING MOTION TO DISMISS AND DENYING MOTION FOR RECONSIDERATION

These cases concern who is responsible for the crash of Air France Flight 447. The Motions presently before the Court raise the issue of where these cases ought to be heard. This is the second time the question of the proper forum for suits arising from the crash of Air France Flight 447 has been presented to the Court. Once again, the Court concludes that the United States is not the proper forum.

I. BACKGROUND

Most of the Plaintiffs in this action, non-French foreigners, had their original Complaints dismissed on forum non conveniens grounds last year. Oct. 4, 2010 Order, 760 F.Supp.2d 832 (N.D.Cal.2010). They have re-filed suit (the Dardengo and Guennoon actions), this time omitting all French Defendants. In Plaintiffs’ view, the absence of French Defendants makes dismissal of the Dardengo and Guennoon actions on forum non conveniens grounds impossible because France is now an unavailable forum (i.e., French courts would not have jurisdiction over a case brought by non-French plaintiffs against non-French defendants). Plaintiffs also seek reconsideration of this Court’s original dismissal…