Hosaka

In these consolidated appeals, plaintiffs challenge the district court’s dismissal of their actions on the ground of forum non conveniens. Plaintiffs brought claims under the Warsaw Convention arising out of injuries sustained when their United Airlines flight from Tokyo to Hawaii encountered turbulence over the Pacific Ocean. Applying the federal common law doctrine of forum non conveniens, the district court dismissed plaintiffs’ actions in favor of a more convenient forum in Japan. Plaintiffs contend it was error for the district court to entertain United’s motions for forum non conveniens because the Warsaw Convention, which establishes four forums in which an action arising under the treaty must be brought, precludes application of that doctrine here. We agree. We hold that Article 28(1) of the Warsaw Convention overrides the discretionary power of the federal courts to dismiss an action for forum non conveniens. 1 Accordingly, the judgments of the district court dismissing these actions on the ground of forum non conveniens are reversed.

PROCEDURAL HISTORY

These related cases were brought by passengers on United Air Lines Flight 826, which was scheduled to fly from Tokyo,…