Twardowski v. American Airlines, Inc. (9th Cir. (Cal.) July 30, 2008).  The passengers in these consolidated appeals alleged that they had suffered injuries from deep vein thrombosis (“DVT”) they had developed during flights for which they had bought tickets between 2001 and 2004.  They alleged that the airlines were liable for such injuries because the … More Ninth Circuit again rejects passengers’ deep vein thrombosis arguments

James v. Delta Air Lines, Inc. (9th Cir. (Cal.) Jan. 22, 2007).  The Ninth Circuit held that the airline’s failure to warn the passenger of the risk of developing deep vein thrombosis was not an “accident” under Article 17 of the Warsaw Convention.  As a result, the court affirmed the district court’s summary judgment for … More Airline not liable for failure to warn in DVT case

Cortez v. Air New Zealand Ltd. (9th Cir. (Cal.) Oct. 2, 2006) & Damon v. Air Pacific Ltd. (9th Cir. (Cal.) Oct. 2, 2006).  In virtually identical opinions, the Ninth Circuit held that neither the passengers’ development of deep vein thrombosis (“DVT”) nor the airlines’ failure to warn the passengers of the risk of DVT constitutes an “accident” as that term … More Airlines not liable for passengers’ DVT