Bartolomeu

MEMORANDUM *

Plaintiffs Jose C. Bartolomeu et al. appeal the district court’s denial of their motion to remand and dismissal of defendant China Airlines for lack of jurisdiction. We have jurisdiction, Duke Energy Trading & Mktg. v. Davis, 267 F.3d 1042, 1048-49 (9th Cir.2001), and affirm.

Plaintiffs filed suit in California state court against China Airlines, McDonnell Douglas Corporation, The Boeing Company, and others following an airplane crash in Hong Kong that killed three people and injured several others. The flight was a round-trip flight originating in Portugal with stops scheduled for London, Hong Kong, and Bangkok. Defendants removed to federal court on the basis of diversity. Plaintiffs moved to remand, arguing that complete diversity was lacking because they were foreign citizens, as was China Airlines. The district court concluded that China Airlines had been fraudulently *408 joined because plaintiffs’ damages claims could not be filed against China Airlines in the United States under the Warsaw Convention (discussed below). The district court therefore denied the motion to remand, and dismissed China Airlines. Plaintiffs dismissed the defendants who had not been…