Siswanto v. Airbus, S.A.S

153 F. Supp. 3d 1024, 2015 U.S. Dist. LEXIS 173033, 2015 WL 9489952
CourtDistrict Court, N.D. Illinois
DecidedDecember 30, 2015
DocketCase No. 15 C 5486
StatusPublished
Cited by8 cases

This text of 153 F. Supp. 3d 1024 (Siswanto v. Airbus, S.A.S) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Siswanto v. Airbus, S.A.S, 153 F. Supp. 3d 1024, 2015 U.S. Dist. LEXIS 173033, 2015 WL 9489952 (N.D. Ill. 2015).

Opinion

MEMORANDUM OPINION AND ORDER

John Robert Blakey, United States District Judge

This mass casualty action brought under the Multiparty, Multiforum Trial Jurisdic[1026]*1026tion Act of 2002 (“MMTJA”) raises questions concerning this Court’s authority to exercise personal jurisdiction over a foreign defendant, the French company Airbus, SA.S. (“Airbus”), based on events occurring entirely outside the United States. Although this case departs from the norm in that Federal Rule of Civil Procedure 4(k)(1)(C) and the MMTJA enable this Court to consider Airbus’ contacts .with the United States as a whole and not just the State of Illinois, nothing in the statutes overrides the company’s constitutional due process protections _ governing this Court’s exercise of personal jurisdiction. Accordingly, based upon the record presented here, Airbus’s motion to dismiss [43] for lack of personal jurisdiction is granted, and no jurisdictional discovery is warranted.

I. Legal Standard

A motion to dismiss for lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2) tests whether a federal court has personal jurisdiction over a defendant. When deciding a Rule 12(b)(2) motion without an evidentiary hearing, as herd, Plaintiffs must make a prima facie showing of personal jurisdiction. uBID, Inc. v. GoDaddy Group, Inc. 623 F.3d 421, 423-24 (7th Cir.2010).

Plaintiffs bear the burden of establishing that personal jurisdiction exists. Advanced Tactical Ordnance Systems, LLC v. Real Action Paintball, Inc., 751 F.3d 796, 799 (7th Cir.2014). To determine whether Plaintiffs have met their burden, this Court may consider affidavits from both parties. Felland v. Clifton, 682 F.3d 665, 672 (7th Cir.2012). When Airbus challenges by declaration a fact alleged in the Second Amended Complaint, Plaintiffs have an obligation to go beyond the pleadings and submit affirmative evidence supporting the exercise of jurisdiction. Purdue Research Foundation v. Sanofi-Synthelabo, S.A., 338 F.3d 773, 783 (7th Cir.2003). Courts must also resolve all factual disputes in Plaintiffs’ favor. Northern Grain Marketing, LLC v. Greving, 743 F.3d 487, 491 (7th Cir.2014). Unrefuted facts' in Airbus’ affidavits, however, will be taken as true. GCIU-Employer Retirement Fund v. Goldfarb Corp., 565 F.3d 1018, 1020 n. 1 (7th Cir.2009). While in this context affidavits trump the pleadings, in the end, all fact? disputed in the affidavits will be resolved in Plaintiffs’ favor. Purdue Research Foundation, 338 F.3d at 782.

II. Facts1

This personal injury action arises from the tragic December 28, 2014 crash of Air Asia Flight No. 8501 (an Airbus A320-216, MSN 3648, aircraft) flying from Indonesia to Singapore. Second Amended Complaint (“SAC”),. Count I ¶¶ 3, 5, 7; Bondergaard Decl. ¶ 6. The aircraft crashed into!the Java Sea, killing all those onboard — more than 75 souls. SAC, Count I ¶¶ 3, 8-9.

Plaintiffs,-who are the heirs and personal representatives of deceased passengers, have sued many defendants, including the aircraft manufacturing company Airbus, under the MMTJA. SAC, Count I ¶¶ 2-3, 5. As to Airbus, Plaintiffs allege, among other things, that the Airbus A320-216, MSN 3648,, aircraft was defective and unreasonably dangerous when it left Airbus’ control. SAC, Count I ¶¶ 6, 9; see also SAC, Count III ¶ 7 (alleging that the aircraft was “negligently designed, manufactured, assembled and sold”).

[1027]*1027There is no dispute that Airbus is incorporated in France and has its principal place of business in Toulouse, France. SAC, Count I ¶ 2; Bondergaard Decl. ¶ 3. For at least the past five years, Airbus has not maintained any offices or employees in the United States, or owned or rented any property here. Bondergaard Decl. ¶¶ 15-3.7.

All manufacturing work on the Airbus A320-216, MSN 3648, aircraft occurred in Europe. Bondergaard Decl. ¶ 6. None of Airbus’ subsidiaries in the United States undertook this work. Bondergaard Decl. ¶ 24. The Airbus A320-216 aircraft line has been certified by the European Aviation Safety Agency but not the FAA. Bondergaard Decl. ¶¶ 10-11. Pursuant to a 2005 purchase agreement, Airbus sold the Airbus A320-216, MSN 3648, aircraft to Air Asia Berhad, a Malaysian airline, carrier that does not operate in the United States. Bondergaard Decl. ¶ 7. There is no allegation that the Airbus A320-216, MSN 3648, aircraft was ever operated in the United States. See Bondergaard Decl. ¶ 14.

III. Analysis

A. Personal Jurisdiction

Airbus moves to dismiss, arguing that it lacks minimum contacts with the United States under the Fifth Amendment’s Due Process Clause, so this Court cannot exercise general or specific personal jurisdiction over the company. In response, Plaintiffs proceed only under a theory of general personal jurisdiction arguing that Airbus has extensive contacts with the United States as a whole. Plaintiffs also argue that there can be no due process concerns in this case because venue is proper in this District. This Court considers each argument in turn.

1. Minimum Contacts

Under Federal Rule of Civil Procedure 4(k)(1)(C), personal jurisdiction is proper if authorized by a federal statute. Specifically, Rule 4(k)(1)(C) states that serving a summons “establishes personal jurisdiction over a defendant ... when authorized by a statute.” The MMTJA is one such statute. When the MMTJA’s criteria for bringing a mass casualty claim are met, see 28 U.S.C. § 1369, service of process is proper nationwide (indeed, worldwide if permitted by law):

When the jurisdiction of the district court is based in whole or in part upon section 1369 of this title, process, other than subpoenas, may be served at any place within the United States, or anywhere outside the United States if otherwise permitted by law.

28 U.S.C. § 1697. Other Courts in this District have reached the same conclusion. E.g., Stenger v. World Harvest Church, Inc., No. 02-8036, 2003 WL 22048047, at *3 (N.D.Ill. Aug. 29, 2003) (interpreting § 1697 as providing nationwide service); Stenger v. Leadenhall Bank & Trust Co. Ltd., No. 02-8655, 2004 WL 609795, at *8 (N.D.Ill. March 23, 2004) (citing World Harvest Church

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153 F. Supp. 3d 1024, 2015 U.S. Dist. LEXIS 173033, 2015 WL 9489952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siswanto-v-airbus-sas-ilnd-2015.