Nadjatollah Enayati v. Lufthansa German Airlines, 714 F.2d 75 (9th Cir. 1983). · Go Syfert
Nadjatollah Enayati v. Lufthansa German Airlines, 714 F.2d 75 (9th Cir. 1983). Cases Citing This Book View Copy Cite
4 citation events across 4 distinct courts.
Strongest positive: Nevelle R. Stud v. Trans International Airlines, a Corporation, Transamerica Airlines, a Corporation (ca9, 1984-03-08)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Nevelle R. Stud v. Trans International Airlines, a Corporation, Transamerica Airlines, a Corporation
9th Cir. · 1984 · confidence medium
Because our jurisdiction is based not simply on the existence of a federal question under the version of the Warsaw Convention in force in the United States, see Enayati v. Lufthansa German Airlines, 714 F.2d 75, 76 (9th Cir.1983), but on diversity of citizenship as well, 3 we are not compelled to apply the United States version of the Convention.
discussed Cited "see" In Re Air Crash Disaster at Gander, Newfoundland
W.D. Ky. · 1987 · signal: see · confidence high
See Enayati v. Lufthansa German Airlines, 714 F.2d 75 (9th Cir.1983); Benjamins v. British European Airways, 572 F.2d 913 (2d Cir.1978), cert. denied, 439 U.S. 1114 , 99 S.Ct. 1016 , 59 L.Ed.2d 72 (1979).
Retrieving the full opinion text from the archive…
Nadjatollah ENAYATI, Plaintiff-Appellant,
v.
LUFTHANSA GERMAN AIRLINES, Defendant-Appellee
81-6028.
Court of Appeals for the Ninth Circuit.
Aug 22, 1983.
714 F.2d 75
Kathryn R. DeVincenzi, Graham & James, San Francisco, Cal., for defendantappellee., Bernard Lindner, Beverly Hills, Cal., for plaintiff-appellant.
Sneed, Alarcon, Cordova.
Cited by 4 opinions  |  Published
ALARCON, Circuit Judge:

Enayati, an Iranian citizen, appeals the district court’s decision dismissing his complaint for lack of federal subject matter jurisdiction. Enayati seeks damages for injury to goods transported by Lufthansa German Airlines from Tehran to Los Angeles. He argues, inter alia, that the district court has jurisdiction over his action because the Warsaw Convention creates an implied cause of action for injury to personal property. In light of this court’s recent decision in In re Mexico City Aircrash of October 81, 1979, 708 F.2d 400 (9th Cir. 1983), the judgment of the district court is reversed and the cause remanded for further proceedings.

[*76] In Mexico City Aircrash this court held that Article 17 of the Warsaw Convention “creates an independent cause of action for wrongful death, a cause of action founded in federal treaty law.” Id. at 412. We find no principled distinction in this regard between an action for damage to personal property and a wrongful death action. The language of Article 17 is very similar to that of Article 18, which governs damage to baggage and goods. Moreover, the court in Mexico City Aircrash relied on Benjamins v. British European Airways, 572 F.2d 913, 918 (2d Cir.1978), cert. denied, 439 U.S. 1114, 99 S.Ct. 1016, 59 L.Ed.2d 72 (1979), which held that both Articles 17 and 18 create federal causes of action.

Because we find that Enayati’s action arises under a treaty of the United States pursuant to 28 U.S.C. § 1331, we need not reach his other jurisdictional contentions.

REVERSED and REMANDED.