Polanski

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT ELM’S MOTION TO DISMISS PURSUANT TO FRCP 12(b)(1) [Docket No. 22]

This is a personal injury lawsuit claiming jurisdiction under 28 U.S.C. § 1332 and pursuant to a treaty of the United States under 28 U.S.C. § 1331 .- Defendant KLM Royal Dutch Airlines moves to dismiss this Complaint for lack of subject matter jurisdiction. The Court concludes that it has federal question jurisdiction over claim one for Treaty Liability under 28 U.S.C. § 1331 , pursuant to the Warsaw Convention, and the Motion to Dismiss is denied as to claim one. The Court also holds that the Warsaw Convention provides. Plaintiffs with then only potential recovery, and dismisses claims two through eight of Plaintiffs’ Complaint.

I.

BACKGROUND

Plaintiff Andre Polanski has sued KLM Royal Dutch Airlines (“KLM”), which is domiciled and maintains its principal place of business in The Netherlands, and Northwest Airlines (“Northwest”), which is organized and exists under the laws of Delaware, with its principal place of business in Minnesota, for Treaty Liability; Negligence; Willful Misconduct; Breach of Contract; Intentional Infliction of Emotional Distress;…