LaHaye

MEMORANDUM *

This is an unintentional-tort case brought against a foreign aircraft manufacturer under the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1602-1611 . The appellant, Sandra LaHaye, challenges the district court’s determinations that: (1) she waived any right she may otherwise have had to a jury trial; (2) her design-defect claims against the appellee, Israel Aircraft Industries, Ltd., were barred by the statute of repose set forth in the General Aviation Revitalization Act of 1994 (“GARA”), 49 U.S.C. § 40101 note; 1 (3) she did not preserve an implementation claim for trial; and (4) she failed to show by a preponderance of the evidence that the alleged shortcomings in the appellee’s maintenance instructions and drawings constituted the cause-in-fact for a pivotal device in the aircraft to fail and the plane to crash, resulting in the death of her husband. The appellant also asks us to take judicial notice of an undated preliminary report of another aircraft crash occurring long after the district court’s entry of judgment in this case. The appellee moves to strike that report. We address each argument in turn.

*633 Because the parties are familiar with the…