United States Ninth Circuit

In an action brought against Thai Airways alleging it erroneously refused to allow plaintiff to board a flight because his U.S. Visa was invalid and that plaintiff suffered professional business losses, denial of airline's motion to dismiss for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1) is reversed where: 1) the appellate court had jurisdiction over the appeal; and 2) a California state court already determined the airline was immune under the Foreign Sovereign Immunities Act (FSIA), and such determination had preclusive effect in federal court under the principle of res judicata.

Appellate Information

• Argued 10/25/2006
• Decided 05/30/2007
• Published 05/30/2007

Judges

• BEA, Circuit Judge., Before:   EUGENE E. SILER, JR.,A. WALLACE TASHIMA, and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Mark S. Priver, Ohashi & Priver, Pasadena, CA, and David A. Nelson, Nelson Law Firm, P.C., Pasadena, CA, for the defendant-appellant., Luis E. Lopez, Lopez & Morris, LLP, Riverside, CA, for the plaintiff-appellee.