Helman

Helman v. Alcoa Global Fasteners, Inc.

Good Law
637 F.3d 986·2011 WL 855855·2011 A.M.C. 2134·2011 U.S. App. LEXIS 4998
United States Court of Appeals for the Ninth CircuitMarch 14, 201109-56501California2,883 words

Opinion

Opinion

Fletcher, J.

Appellants bring this interlocutory appeal challenging the district court’s grant of a motion to dismiss and a motion for judgment on the pleadings in Appellees’ favor based on its conclusion that Appellant’s state law claims are preempted by the Death on the High Seas Act (DOHSA). On September 16, 2009, we granted the petition for permission to appeal under 28 U.S.C. § 1292 (b), giving us jurisdiction to consider this issue. We now affirm.

I.

Appellants are the personal representatives and successors in interest to three United States Navy crewmen killed in a helicopter crash. In 2007, while performing training exercises from the USS Bonhomme Richard, the helicopter lost control and crashed into the Pacific Ocean approximately 9.5 nautical miles off the coast of Catalina Island, California.

Appellants filed a complaint in the Superior Court of California, County of Los Angeles, alleging that defects in the helicopter and its component parts caused the accident, and seeking damages for wrongful death. The complaint asserts causes of action for strict products liability, negligence, failure to warn, breach of warranty, and wrongful death and survival under California…

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