Compania Mexicana de Aviacion, S.A. v. United States District Court for the Central District of California

Compañía Mexicana de Aviación (Mexica-na) flight 940 crashed at Michoacan, Mexico, shortly after takeoff from Mexico City on March 31, 1986, killing all aboard. This action is brought on behalf of 69 Mexican decedents who travelled on tickets purchased in Mexico for travel within Mexico.

Mexicana moved to dismiss the action for lack of jurisdiction because of foreign sovereign immunity and for forum non conve-niens. The motion was denied by the District Court and Mexicana petitioned this court for a writ of mandamus. We conclude that denial of a motion to dismiss for foreign sovereign immunity is a collateral order which is immediately appealable. Segni v. Commercial Office of Spain, 816 F.2d 344 (7th Cir.1987); see Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 , 69 S.Ct. 1221 , 93 L.Ed. 1528 (1949); Mitchell v. Forsyth, 472 U.S. 511 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985). We further find that there are compelling reasons for construing the petition as a notice of appeal. See Clorox Co. v. U.S. District Court, 779 F.2d 517 (9th Cir.1985).

Mexicana is an agency of a foreign government and is thus a foreign state for purposes of the Foreign Sovereign Immunities Act…