Ninth Circuit affirms dismissal of customer’s claims arising from malware attack

McGarry v. Delta Air Lines, Inc. (9th Cir. July 17, 2020).  Through a malware attack, hackers accessed credit and debit card information, mailing addresses and other personal information of users of Delta’s website.  One user brought a class action complaint against Delta and [24]7, “a chat service that Delta retained to interact with customers through … More Ninth Circuit affirms dismissal of customer’s claims arising from malware attack

Federal court rejects tour operator’s ADA preemption defense in case involving river cruise

Hebert v. Vantage Travel Service, Inc. (D. Mass. Mar. 12, 2020).  According to the aggrieved passengers/plaintiffs, after their river cruise boat was disabled by a mechanical failure during a trip in Germany, the tour operator made unacceptable itinerary, lodging and dining changes, including providing a “cafeteria style buffet dinner at the hotel with food leftover … More Federal court rejects tour operator’s ADA preemption defense in case involving river cruise

Lost profits expert witness overcomes Daubert challenge in avionics theft case

Entourage Custom Jets, LLC v. Air One MRO, LLC (S.D. Fla. Feb. 20, 2020).  Burglars removed avionics equipment from an MD-87 in the possession of an MRO performing maintenance and upgrade work on the aircraft.  The aircraft’s owner and its subrogated insurer sued the MRO and its landlord, alleging breach of bailment, negligence and other … More Lost profits expert witness overcomes Daubert challenge in avionics theft case

Schengen Agreement argument fails to support customer’s refusal to transport claim

Gleissner v. Air China Airlines Limited (S.D.N.Y. Feb. 6, 2020).  For a flight from Barcelona to Vienna, Air China refused to allow a member of the plaintiff’s entourage to check in because she lacked a valid visa to enter Austria.  The ticketholder held a single-entry visa for the Schengen Area, an area in Europe that, … More Schengen Agreement argument fails to support customer’s refusal to transport claim

ADA preempts father’s claims against airline for allowing son to travel without parental permission

Edwards v. Southwest Airlines Co. (S.D. Ohio Jan. 28, 2020).  As a ruse, the plaintiff’s 14-year-old son asked his grandfather to go to Starbucks to get him a Frappuccino, according to the complaint.  With his grandfather out of the house, the teen headed to the Columbus airport, intent on boarding a Southwest flight to New … More ADA preempts father’s claims against airline for allowing son to travel without parental permission

D.C. Circuit upholds forum non conveniens dismissal in MH370 litigation

In re Air Crash Over the Southern Indian Ocean (D.C. Cir. Jan. 10, 2020).  In the multidistrict litigation in the U.S. District Court for the District of Columbia against Malaysian Airline System Berhad, Malaysia Airlines Berhad and other defendants arising out of the disappearance of flight MH370, the court granted the defendants’ motion to dismiss … More D.C. Circuit upholds forum non conveniens dismissal in MH370 litigation

Airline not liable to passenger for injury sustained while avoiding fast-moving flight attendant

Kopp v. Delta Airlines, Inc. (E.D. Ky. Dec. 26, 2019).  During a domestic flight, the passenger/plaintiff was standing in the aisle when a flight attendant came “rushing” toward her “at a high rate of speed,” according to the complaint.  The plaintiff alleged that, while trying to get out of the way, she caught her foot … More Airline not liable to passenger for injury sustained while avoiding fast-moving flight attendant

Appeals court enforces air waybill liability limit in case alleging injury to exotic cat

Lentini v. Delta Air Lines, Inc. (NY App. Div. 2nd Dept. Mar. 14, 2018).  The plaintiff, a New York resident, had purchased a “Savannah silver spotted kitten” from a Florida kennel for $2,300.  She planned to train “Prince Maddox” to compete in “cat shows where he would have been eligible to win prizes upwards of … More Appeals court enforces air waybill liability limit in case alleging injury to exotic cat

Elder Abuse Act claim against airline fails in federal district court

Balukjian v. Virgin America, Inc. (N.D. Cal. Mar. 9, 2018).  The passenger/plaintiff was traveling on a red-eye flight from San Francisco to Boston with her 93 year-old father, who had a portable oxygen concentrator with him.  During the flight, the plaintiff’s father felt ill.  He asked her for oxygen, which she attempted to provide using … More Elder Abuse Act claim against airline fails in federal district court

Federal appeals court rules that “nonrefundable” means . . . nonrefundable

Martin v. United Airlines, Inc. (10th Cir. Feb. 21, 2018).  After buying several “nonrefundable” tickets via United’s website, the customers/plaintiffs, a married couple, canceled their reservations before the ticketed departure dates.  They alleged they attempted, without success, to make new reservations within the one-year deadline set forth in United’s Contract of Carriage for booking a new … More Federal appeals court rules that “nonrefundable” means . . . nonrefundable