Montreal Convention two-year limitation period not subject to tolling under local law

Duay v. Continental Airlines, Inc. (S.D. Tex. Dec. 21, 2010).  After arriving in Texas on a Continental flight from Switzerland, the plaintiff discovered at the baggage claim area that his custom-fitted wheelchair had been damaged.  Continental provided the plaintiff with a replacement wheelchair, which he used for the remainder of his trip in the United … More Montreal Convention two-year limitation period not subject to tolling under local law

DOT enforces consumer-friendly interpretation of Montreal Convention baggage liability provisions

As previously reported, on March 26, 2009 DOT issued a “Guidance on Airline Baggage Liability and Responsibilities of Code-Share Partners Involving International Itineraries” that states in part as follows:  “Although carriers may wish to have tariff terms that prohibit passengers from including certain items in checked baggage, once a carrier accepts checked baggage, whatever is … More DOT enforces consumer-friendly interpretation of Montreal Convention baggage liability provisions

Passenger’s second visit to Fifth Circuit yields additional baggage damages but no attorneys’ fees

Muoneke v. Compagnie Nationale Air France (5th Cir. Tex. May 12, 2009).  In 2004, the passenger traveled from Texas to Nigeria on Air France’s flights.  During a change of aircraft in Paris, Air France personnel required that the passenger check the baggage she had carried onto the prior flight.  The passenger claimed that when she … More Passenger’s second visit to Fifth Circuit yields additional baggage damages but no attorneys’ fees

Passenger unable to break Montreal Convention baggage liability limit

Bassam v. American Airlines (5th Cir. (La.) July 14, 2008).  Four months after her international flight, American Airlines delivered the passenger’s missing baggage to her.  The passenger claimed that items were missing from the baggage, and she sued the airline in state court for over $5,000 for the value of the missing items.  The airline … More Passenger unable to break Montreal Convention baggage liability limit

Court denies passenger recovery against airline for loss of itinerant robot head

Hanson v. America West Airlines, Inc. (C.D. Cal. Mar. 29, 2008).  Sometimes the truth is stranger than fiction or even science fiction.  The passenger in this case, a roboticist, sued the airline for the loss of “an artistically and scientifically valuable robotic head modeled after famous science fiction author Philip K. Dick.”  According to the … More Court denies passenger recovery against airline for loss of itinerant robot head

Warsaw Convention preempts passenger tort claim against airline

Small v. America West Airlines, Inc. (D.N.J. Oct. 30, 2007).  The passenger alleged that the airline was liable under the New Jersey Consumer Fraud Act because it had tortiously denied losing his baggage, thereby preventing him from filing a claim against his insurance company.  The airline argued that the passenger’s state law claim was preempted … More Warsaw Convention preempts passenger tort claim against airline

Fifth Circuit vacates summary judgment against passenger in baggage case

Muoneke v. Air France (5th Cir. Tex. Sept. 17, 2007).  The day after her flight from Texas arrived in Nigeria, the passenger went to the airline’s lost baggage office at the airport and claimed that several items were missing from her checked baggage.  The passenger alleged that she submitted a written claim regarding the missing … More Fifth Circuit vacates summary judgment against passenger in baggage case