In Re Air Crash at Taipei, Taiwan

ORDER GRANTING SINGAPORE AIRLINE’S MOTION FOR PARTIAL SUMMARY ADJUDICATION OF PUNITIVE DAMAGES ISSUE

I.

INTRODUCTION

Defendants Singapore Airlines, Ltd. (“SIA”) and EVA Airways Corporation’s (“EVA”) move the Court for Partial Summary Judgment. Defendants contend that the Court should enter summary judgment in their favor on Plaintiffs’ punitive damages claims because punitive damages are not recoverable in actions governed by the Warsaw Convention. Plaintiffs counter that the Warsaw Convention establishes a “pass-through” to local damages law, and does not bar any type of damages, including punitive damages. With respect to SIA’s motion, the Court concludes that, although local law provides the substantive rule regarding the recovery of compensatory damages in air crash cases (Zicherman v. Korean Air Lines Co., 516 U.S. 217 , 116 S.Ct. 629 , 133 L.Ed.2d 596 (1996)), no court that has considered this issue has permitted the recovery of punitive damages in an air crash case governed by the Warsaw Convention. Accordingly, the Court GRANTS SIA’s motion for summary adjudication of the punitive damages issue. However, because further discovery must be completed regarding the status…