Court trims passengers’ claims in case alleging hard landing injuries

Callahan v. United Airlines, Inc. (W.D. Okla. Sept. 28, 2017).  In their amended complaint, the passengers/plaintiffs alleged that the hard landing of their flight from Cancun, Mexico, to Houston caused permanent injuries to plaintiff Sylvia Callahan’s spine.  The other plaintiff, Ms. Callahan’s husband, did not allege any physical injuries from the landing.  The plaintiffs advanced … More Court trims passengers’ claims in case alleging hard landing injuries

Court grants airline’s motion to dismiss boarding discrimination claims

Shin v. American Airlines Group, Inc. (E.D.N.Y. Aug. 3, 2017).  The customer/plaintiff alleged that American “dramatically” refused to allow him to board a flight from DFW to Corpus Christi, Texas, “[f]or the mere fact that the Plaintiff was Korean-American,” while allowing white customers to board the flight.  In his complaint, the plaintiff alleged claims under … More Court grants airline’s motion to dismiss boarding discrimination claims

Court enforces conditions of carriage in missing jewelry lawsuit

Hekmat v. U.S. Transportation Security Administration and JetBlue Airways Corporation (S.D.N.Y. Mar. 29, 2017).  Before her flight from JFK to LAX, the passenger/plaintiff packed eight rings worth over $95,000 in her “Rimowa hard shell suitcase with integrated lock system,” which she then checked with JetBlue.  After retrieving the bag at LAX, the plaintiff “immediately” opened … More Court enforces conditions of carriage in missing jewelry lawsuit

ARC lawsuit not impacted by alleged fraudsters’ motion to dismiss

Airlines Reporting Corporation v. Begator Hila, Elvira Ejupi and Albania Travel & Tour, Inc. et al. (E.D.N.Y. May 31, 2017).  In its Amended Complaint, ARC alleged that Hila and Ejupi, through Albania Travel, defrauded ARC of over $249,000 through a ticket exchange scheme.  Hila was the president and sole owner of Albania Travel; Ejupi ran … More ARC lawsuit not impacted by alleged fraudsters’ motion to dismiss

ADA preempts passenger’s negligence claims arising from impact with video monitor

Fawemimo v. American Airlines, Inc. (S.D.N.Y. Jan. 30, 2017).  While approaching her seat on a flight from JFK to LAX, the passenger/plaintiff hit her head on a video monitor mounted on a bulkhead wall of the 767 aircraft.  The plaintiff alleged in her pro se state court complaint against American that the monitor was “reckless … More ADA preempts passenger’s negligence claims arising from impact with video monitor

Court relies on Montreal Convention’s “act of public authority” liability exclusion in cargo spoilage case

Best Value Kosher Foods, Inc. v. American Airlines, Inc. (E.D.N.Y. Dec. 12, 2016).  Best Value arranged for cheese it had purchased in France to be shipped by American from Paris to New York.  The day after the cargo arrived at American’s JFK cargo terminal, American stored it in a cooler and notified Best Value’s agent … More Court relies on Montreal Convention’s “act of public authority” liability exclusion in cargo spoilage case

Court rules that rejected pre-litigation settlement demand does not create entitlement to attorneys’ fees under Montreal Convention

Bytska v. Swiss International Air Lines, Ltd. (N.D. Ill. Nov. 28, 2016).  In her 45-page complaint, the passenger/plaintiff alleged that Swiss and Ukraine International Airlines were liable under the Montreal Convention and EU 261 due to delays in her flights from Kiev to Chicago via Zurich.  As part of her claim under the Convention, the … More Court rules that rejected pre-litigation settlement demand does not create entitlement to attorneys’ fees under Montreal Convention