Category: Air waybills

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

July 15, 2018

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

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

February 3, 2017

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

Montreal Convention’s notice provision spoils shipper’s damaged vegetables claim

January 28, 2016

Mas & Sons Jardiniers, Ltd. v. Florida West International Airways, Inc. (Fla. 3d DCA Oct. 7, 2015).  The shipper/plaintiff alleged that it had sustained damages because Florida West failed to timely release fresh vegetables it had transported by air from Guatemala and Costa Rica to Miami.  Due to logistical problems involving payment for the cargo, … More Montreal Convention’s notice provision spoils shipper’s damaged vegetables claim

Third Circuit affirms dismissal of airline’s declaratory judgment action on forum non conveniens grounds

November 22, 2010

Delta Air Lines, Inc. v. Chimet, S.p.A. (3d Cir. (Pa.) Aug. 30, 2010).  Chimet, an Italian company with no U.S. offices, contracted with Delta in 2007 to transport over 100 kilograms of platinum (allegedly worth over US$4 million) from Italy to a consignee in Philadelphia, Pennsylvania.  The platinum was stolen before delivery was made, allegedly … More Third Circuit affirms dismissal of airline’s declaratory judgment action on forum non conveniens grounds

Court rules that shipper waited too long before raising stink about spoiled fish

May 19, 2007

O’gray Import & Export v. British Airways PLC (D. Md. May 4, 2007).  The shipper engaged British Airways to transport smoked fish from Ghana to BWI.  On September 8, 2005, the U.S. Food and Drug Administration released the cargo to the shipper but also placed a hold on the fish due to a suspicion of … More Court rules that shipper waited too long before raising stink about spoiled fish

Dog dies after flight but owner’s lawsuit survives airline’s summary judgment motion

April 3, 2007

Ing v. American Airlines (N.D. Cal. Feb. 5, 2007).  Willie, “a young English Bulldog,” was shipped in a kennel in the cargo compartment of a flight from JFK to San Francisco in August 2005.  Upon arrival, Willie was sick and his owner requested that he be allowed to take Willie to a veterinarian.  American refused … More Dog dies after flight but owner’s lawsuit survives airline’s summary judgment motion