Lathigra

Appellants were British Airways passengers returning from Seattle to Madagascar, with a connecting flight on Air Mauritius from Nairobi to Antananarivo. Days before the flight in September 1989, their agent (i.e., the relative whom they had been visiting in Seattle) called British Airways (“BA”) to reconfirm the booking. BA, which had itself issued the tickets, reconfirmed appellants’ reservations, but neglected to inform them that the Air Mauritius flight had been discontinued. 1 Appellants were stranded in Nairobi for five days and thereby incurred various damages.

In August 1992, they brought a negligence action in Washington state court. BA removed, arguing that the case presented a federal question because the conduct at issue came within the scope of the Warsaw Convention (“the Convention”), 2 and then moved *537 for summary judgment on the ground that the suit was time-barred. The district court granted BA’s motion for summary judgment of dismissal and denied appellants’ cross-motion to remand to state court. We reverse, holding that the Convention did not govern BA’s conduct here.

Discussion

We review de novo the district court’s grant of summary judgment. Maffei v.…