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

Montreal Convention two-year limit enforced in baggage case

Onyekuru v. Northwest Airlines and KLM Royal Dutch Airlines (N.D. Ill. Sept. 14, 2007).  In August 2006, the passenger filed a lawsuit against the airlines seeking damages for the alleged theft of items from the baggage she had checked for her June 2004 flight from Nigeria to Chicago.  The airlines moved for summary judgment on … More Montreal Convention two-year limit enforced in baggage case

Court considers “single operation” issue in baggage case

Gerard v. American Airlines, Inc. (Conn. Super. July 12, 2007).  After the passenger filed a lawsuit against American for lost baggage damages, the airline moved for partial summary judgment on the grounds that its damages were limited by the Montreal Convention.  The passenger argued that his damages were not limited by the Convention because the … More Court considers “single operation” issue in baggage case

Airline’s liability limited even for baggage checked against passenger’s will

Booker v. BWIA West Indies Airways Limited (E.D.N.Y. May 8, 2007).  After the passenger had boarded the aircraft for a flight from JFK to Guyana in 2004, the airline required that she check, “against her will,” two bags she was carrying.  When the passenger arrived in Guyana both bags were missing.  The bags did reappear four … More Airline’s liability limited even for baggage checked against passenger’s will

DOT increases baggage liability limit for domestic air travel

On January 29, 2007, the U.S. Department of Transportation issued a Final Rule increasing the minimum limit of an airline’s liability for baggage lost, damaged or delayed during domestic travel from $2,800 to $3,000 per passenger.  The change takes effect on February 28.  Thus, for domestic travel beginning that date, “an air carrier shall not limit its liability for … More DOT increases baggage liability limit for domestic air travel

Lost baggage damages limited by Montreal Convention

Nunez v. American Airlines (N.Y. App. Jan. 26, 2007).  In a brief opinion, the appeals court upheld the trial court’s decision applying Article 22(2) of the Montreal Convention to limit the two passengers’ damages for loss of their baggage.  The trial court had entered a judgment against the airline for $2,990 (apparently $1,495 per passenger), from which the passengers had appealed.  The appeals … More Lost baggage damages limited by Montreal Convention

Passenger state law claims preempted by Montreal Convention

Malek v. Societe Air France (N.Y. City Civil Ct. Sept. 8, 2006).  Due to a late-arriving flight, the passenger missed his connecting flight.  The airline arranged for alternate carriage on a different airline, for which the passenger had to wait eight hours.  He claimed that the delay inconvenienced and exhausted him, and also claimed that the airline damaged his baggage.  The passenger sued for … More Passenger state law claims preempted by Montreal Convention