By Matthew Russell Lee, Patreon
SDNY COURTHOUSE, Aug 23 – Otar Dularidze was taking Turkish Airlines from Tblisi, Georgia via Istanbul to New York City, specifically Brooklyn where he lives, when he was beaten and pistol whipped in the Istanbul airport. He sued.
On September 4 U.S. District Court for the Southern District of New York Judge Gregory H. Woods held a proceeding. Inner City Press covered it.
At issue is whether Dularidze and his spouse Alona Lensky can sued Turkish Airlines under the Montreal Protocol, with the beat-down being considered an accident during international travel.
Turkish Airlines' lawyer Christopher Carlsen of Clyde & Co. of 405 Lexington Avenue said the airline has no control over those who allegedly beat Dularidze, and that the forum would be more convenient in Turkey.
Dularidze's lawyer Thatcher Stone now of Virginia, after emphasizing how well he gets along with Carlsen, said that the Turkish justice system cannot be trusted.
He said that even walking in a airport from one gate to another, one is engaged in international travel. Stone at the end asked Judge Woods when the SDNY courthouse would re-open.
Judge Woods said it is already open, he held a bench trial in July. Stone laughed and said he looked forward to coming north, "once there is a vaccine."
Jump cut to August 23, 2024, after a remand, TA now saying it has to fight for the industry, thread
Counsel for Turkish Airlines: This is a garden variety personal injury case [Complaint says "The other officer pull out his gun and pressed the barrel between his eyes, threatening to kill him."] Counsel for Turkish Airlines: We cannot discuss resolving the case
Counsel for Turkish Airlines: Such jurisdiction has never been granted in the United States. Plaintiffs' lawyer: We want to reconnect with the Montreal Convention. We happy to take it back to the Second Circuit. It's a zeitgeist thing - Judge: Leaving that aside
Judge: Is there anything I can do to help the parties work toward a resolution of the case? Counsel for Turkish Airlines: It's probably a case that could and should be settled. But the issue of general jurisdiction over Turkish Airlines under 4(2)(k), it's big
Counsel for Turkish Airlines: It not challenged, it would mean any airline that flies into the US regularly is subject to general jurisdiction. We have not come up with a way to get rid of the decision on the books. It's an industry issue. We have to challenge it
Plaintiffs lawyer: This decision is in the bag. They could challenge it next time around. We're just kind of along for the ride at this point. Judge: I'm going suspend the rest of my agenda until we address this issue. I am open to ideas. Adjourned.
The case is Lensky et al v. Turkish Airlines, Inc., 20-cv-4978 (Woods)
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