The case of the day is Baylay v. Etihad Airways P.J.S.C. (7th Cir. 2018). Martin Baylay, a British national, was a pilot for Etihad, an Abu Dhabi corporation (and, apparently, an instrumentality of the UAE). Baylay alleged that he was assaulted by Saravdeep Mann, another crew member, during a layover in Chicago. Mann was arrested and released on bond, but he then fled the country with Etihad’s help. The story was covered in the news at back in 2015.
Baylay sued Mann Etihad, and others for damages. Etihad moved to dismiss on the grounds that Baylay’s common law claims were barred by the exclusivity provisions of the Illinois Workers’ Compensation Act. Baylay appealed from that decision. His argument was that under the FSIA, only a court could have jurisdiction over Etihad, and therefore, it was error to conclude that Baylay had to pursue his claims before the Illinois Workers’ Compensation Commission, an administrative agency. The court rejected the argument.