Morgan, Akins & Jackson’s Florida office secured a comprehensive victory on behalf of the firm’s airline client. Plaintiff, as representative of the decedent’s estate, advanced negligence and wrongful death causes of action against the airline, alleging that our client was responsible for the death of the decedent. Plaintiff filed in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, averring only state law claims. We removed the matter to the U.S. District Court for the Southern District of Florida. We then filed a Motion to Dismiss the entirety of the Complaint based on the fact that Plaintiff’s claims were preempted by the Montreal Convention. In the Opinion, the U.S. District Court agreed with our position, and, notably, not only dismissed the Complaint in its entirety, but also specifically foreclosed Plaintiff from amending his prior filing.
Morgan, Akins & Jackson’s Florida Office Obtains Dismissal in Aviation Wrongful Death Case
| October 25, 2023