In Re Air Crash Off Point Mugu, California

ORDER ON MOTIONS

Defendants have made motions for judgment on the pleadings and for partial summary judgment. Plaintiffs oppose the motions, and have also requested additional discovery under Rule 56(f) of the Federal Rules of Civil Procedure. The motions have been briefed, argued and submitted for decision. The court has reviewed the moving and opposing papers, the record of the case, the arguments of counsel and the applicable authorities, and rules as follows:

I.

Defendant Alaska moves for judgment on the pleadings regarding the claims of the representatives of the passengers killed in the crash. Alaska seeks a determination that the cases brought on behalf of the passengers are subject to the Warsaw Convention; and that their claims for punitive damages and for pre-impact emotional distress are barred by the Warsaw Convention.

It is clear, and indeed the parties do not dispute, that the Warsaw Convention as modified by the Montreal Protocol No. 4 provides the exclusive basis for the passengers’ claims against Alaska. See Convention for the Unification of Certain Rules Relating to International Transportation by Air, October 12, 1929, 49 Stat. 3000 , T.S. No. 876 (1934)…