Air cargo carrier enforces contractual liability limitation against shipper’s claim

Golden Hawk Metallurgical, Inc. v. Federal Express Corporation (E.D. Mich. Oct. 4, 2016).  The plaintiff, a metal refinery, shipped two packages to its customers via FedEx.  According to the plaintiff, the packages contained gold and diamonds valued over $33,000, but the plaintiff did not declare any value for either shipment.  The plaintiff alleged that FedEx … More Air cargo carrier enforces contractual liability limitation against shipper’s claim

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

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

Conditions of carriage withstand tort claims by delayed passengers

Lavine v. American Airlines, Inc. (Md. Special App. Dec. 1, 2011).  Using aa.com, the plaintiffs bought two American Airlines tickets for roundtrip transportation originating and terminating at Reagan National Airport, with an intermediate stop at Key West International Airport.  Their outbound itinerary included a connecting flight from Miami International Airport to Key West.  They received an … More Conditions of carriage withstand tort claims by delayed passengers

Race discrimination claim preempted by Warsaw Convention

Sewer v. LIAT (1974) Ltd. (D. Virgin Islands Feb. 16, 2011).  The plaintiff had purchased a ticket for a LIAT flight from the British Virgin Islands to Antigua.  The flight was overbooked, so airline personnel informed the plaintiff that he would have to take a later flight.  Undeterred, the plaintiff (and the other waiting would-be … More Race discrimination claim preempted by Warsaw Convention

Airline not liable to customer for trip and fall in TSA-controlled area

Narvaez v. American Airlines, Inc. (S.D.N.Y. Dec. 13, 2010).  After checking her baggage at American’s ticket counter at John F. Kennedy International Airport, the plaintiff proceeded to the security checkpoint.  After presenting her passport to a TSA employee at the checkpoint, but before going through the metal detector, the plaintiff tripped over the upturned corner … More Airline not liable to customer for trip and fall in TSA-controlled area

Massachusetts judges part ways on scope of ADA preemption in skycap tips cases

Travers v. JetBlue Airways Corporation (D. Mass. July 23, 2009).  According to the plaintiff skycaps, JetBlue diverted tip revenue to itself by imposing a $2 fee for each bag checked by a passenger at the curbside.  The skycaps claimed that their compensation, most of which took the form of tips, had decreased substantially because few … More Massachusetts judges part ways on scope of ADA preemption in skycap tips cases

Legacy carriers battle over New York sales employee

American Airlines, Inc. v. Imhof and Delta Airlines, Inc. (S.D.N.Y. June 3, 2009).  After 22 years as an American employee, the managing director of the airline’s New York Sales Division resigned to accept a similar job with Delta.  During the weeks before he resigned, he copied various documents relating to American’s business, including a PowerPoint … More Legacy carriers battle over New York sales employee