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Are courts in America allowed to take foreign based claims for lawsuits?

Discussion in 'BlackHat Lounge' started by Capo Dei Capi, Aug 9, 2015.

  1. Capo Dei Capi

    Capo Dei Capi BANNED BANNED

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    So are U.S. courts allowed to accept lawsuits based on incidents that occurred in a foreign company without non u.s. persons involved. It seems at the very most there should only be 3 u.s. based lawsuits for the 3 u.s. victims of the crash and nothing more. There are lots of other lawsuits in the U.S. where a judge has ruled on foreign based incidents when it seems to be out of their jurisdiction, but the other more known ones are political based and some even political+religious so I'm not going to mention them.

    It makes it seem like its pointless to have any u.s. based investments+property under a company if its totally foreign based company with no u.s. based corporate presence. Since the u.s. assets could easily be seized by a court order for refusal to pay judgement if you lose.


    https://www.yahoo.com/news/germanwings-crash-victims-families-plan-us-lawsuit-report-104821261.html
     
  2. tony_d

    tony_d Elite Member

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    They do seem to acknowledge the fact that getting standing is (or could be) an issue, because they say "good chances of finding judicial venue in the US".

    From what I understand, aviation law is quite unique and different to regular commercial law, because there are a bunch of international agreements and covenants and codes that cover it. Presumably somewhere in one of those is an item that the claimants think will give them standing in the US courts.
     
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  3. Asif WILSON Khan

    Asif WILSON Khan Executive VIP Jr. VIP

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    In the report it states:

    I would imagine that as US Citizens were onboard and that the Parent company ( Lufthansa ) also operates in the US, that it is possible.

    International Aviation Law is too complex for me but you might find some info here:

    http://www.icao.int/Pages/default.aspx
    http://www.iata.org/Pages/default.aspx
    http://www.iata.org/training/subject-areas/pages/law-regulations-courses.aspx
    http://www.alta.aero/aviationlaw/2015/home.php
    http://www.peacepalacelibrary.nl/research-guides/special-topics/air-and-space-law/
    http://www.hg.org/aviation-law.html
    http://www.iata.org/training/courses/Pages/international-air-law-tall01.aspx
    https://en.wikipedia.org/wiki/Chicago_Convention_on_International_Civil_Aviation
    https://en.wikipedia.org/wiki/Aviation_accidents_and_incidents
    http://lmgtfy.com/?q=International+Aviation+Law
     
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