Category: Bailment

Ninth Circuit affirms dismissal of customer’s claims arising from malware attack

October 10, 2020

McGarry v. Delta Air Lines, Inc. (9th Cir. July 17, 2020).  Through a malware attack, hackers accessed credit and debit card information, mailing addresses and other personal information of users of Delta’s website.  One user brought a class action complaint against Delta and [24]7, “a chat service that Delta retained to interact with customers through … More Ninth Circuit affirms dismissal of customer’s claims arising from malware attack

Lost profits expert witness overcomes Daubert challenge in avionics theft case

February 24, 2020

Entourage Custom Jets, LLC v. Air One MRO, LLC (S.D. Fla. Feb. 20, 2020).  Burglars removed avionics equipment from an MD-87 in the possession of an MRO performing maintenance and upgrade work on the aircraft.  The aircraft’s owner and its subrogated insurer sued the MRO and its landlord, alleging breach of bailment, negligence and other … More Lost profits expert witness overcomes Daubert challenge in avionics theft case

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 enforces conditions of carriage in missing jewelry lawsuit

July 10, 2017

Hekmat v. U.S. Transportation Security Administration and JetBlue Airways Corporation (S.D.N.Y. Mar. 29, 2017).  Before her flight from JFK to LAX, the passenger/plaintiff packed eight rings worth over $95,000 in her “Rimowa hard shell suitcase with integrated lock system,” which she then checked with JetBlue.  After retrieving the bag at LAX, the plaintiff “immediately” opened … More Court enforces conditions of carriage in missing jewelry lawsuit

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

October 28, 2016

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

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

January 19, 2011

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

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