Category: Air travel security

ATSA immunizes airline and employee from liability to customer who made bomb reference and disparaged TSA

September 30, 2015

Baez v. JetBlue Airways Corporation (2d. Cir. July 16, 2015).  The plaintiff checked baggage for her JetBlue flight from JFK to Austin, Texas.  However, she appeared at the gate late, after the aircraft’s door had been closed, so the gate agent refused to let her board.  The plaintiff admitted that she then made what the … More ATSA immunizes airline and employee from liability to customer who made bomb reference and disparaged TSA

Airline obtains reversal of passenger jury verdict in refusal to transport case

February 11, 2008

Cerqueira v. American Airlines, Inc. (1st Cir. (Mass.) Jan. 10, 2008).  As previously reported, in December 2003, American Airlines removed three passengers, a man of Portuguese national origin and two Israelis seated nearby, from an aircraft at the departure gate in Boston for questioning by state police officers.  After the questioning, the airline declined to … More Airline obtains reversal of passenger jury verdict in refusal to transport case

Ninth Circuit upholds sentencing enhancement for unruly passenger

July 13, 2007

U.S. v. Gonzalez (9th Cir. (Nev.) July 3, 2007).  Just after takeoff, a passenger stood up, complained of heart problems and requested oxygen.  He then became increasingly agitated and started demanding to the flight attendants that the pilots land the aircraft.  The passenger then stated that he had a bomb and started opening overhead bins. … More Ninth Circuit upholds sentencing enhancement for unruly passenger

Jury returns verdict for passenger in refusal to transport case

January 21, 2007

Cerqueira v. American Airlines, Inc. (D. Mass. Jan. 12, 2007).  In December 2003, the airline removed three passengers, a man of Portuguese national origin and two Israelis seated nearby, from an aircraft at the departure gate in Boston for questioning by state police officers.  After the questioning, the airline declined to rebook them on another flight to Ft. Lauderdale. The passenger of Portuguese national origin filed a … More Jury returns verdict for passenger in refusal to transport case

Airline summary judgment motion granted in boarding discrimination case

January 7, 2007

Dasrath v. Continental Airlines, Inc. (D. N.J. Dec. 22, 2006).  Three months after September 11, an airline captain had three passengers removed from the aircraft during boarding due to his security concerns.  One of the passengers, a U.S. citizen of West Indian national origin, filed a lawsuit against the airline alleging discrimination in violation of federal and state statutes. The … More Airline summary judgment motion granted in boarding discrimination case

Gun-toting passenger avoids conviction

December 3, 2006

U.S. v. Holtzhauer (S.D. Ohio Nov. 21, 2006).  One danger in owning “57 firearms” is that the owner might forget that one of his many handguns is lurking in the briefcase he is carrying through airport security.  Despite making what appeared to be a honest mistake, the well-armed but absent-minded passenger was charged with violating 49 U.S.C. sec. 46314(a).  That statute prohibits passengers from “knowingly and willfully” entering “an … More Gun-toting passenger avoids conviction