Category: Boarding

Customer’s early boarding fee claim eludes airline’s ADA preemption defense

January 23, 2021

Klutho v. Southwest Airlines Co. (E.D. Mo. Nov. 13, 2020).  In his state court class action complaint, the plaintiff alleged that Southwest had canceled his flight and rebooked him on another flight but did not refund the fee he had paid for “EarlyBird Check-In” on the canceled flight, requiring him to pay an additional fee … More Customer’s early boarding fee claim eludes airline’s ADA preemption defense

Schengen Agreement argument fails to support customer’s refusal to transport claim

February 19, 2020

Gleissner v. Air China Airlines Limited (S.D.N.Y. Feb. 6, 2020).  For a flight from Barcelona to Vienna, Air China refused to allow a member of the plaintiff’s entourage to check in because she lacked a valid visa to enter Austria.  The ticketholder held a single-entry visa for the Schengen Area, an area in Europe that, … More Schengen Agreement argument fails to support customer’s refusal to transport claim

ADA preempts father’s claims against airline for allowing son to travel without parental permission

February 2, 2020

Edwards v. Southwest Airlines Co. (S.D. Ohio Jan. 28, 2020).  As a ruse, the plaintiff’s 14-year-old son asked his grandfather to go to Starbucks to get him a Frappuccino, according to the complaint.  With his grandfather out of the house, the teen headed to the Columbus airport, intent on boarding a Southwest flight to New … More ADA preempts father’s claims against airline for allowing son to travel without parental permission

Court grants airline’s motion to dismiss boarding discrimination claims

December 22, 2017

Shin v. American Airlines Group, Inc. (E.D.N.Y. Aug. 3, 2017).  The customer/plaintiff alleged that American “dramatically” refused to allow him to board a flight from DFW to Corpus Christi, Texas, “[f]or the mere fact that the Plaintiff was Korean-American,” while allowing white customers to board the flight.  In his complaint, the plaintiff alleged claims under … More Court grants airline’s motion to dismiss boarding discrimination claims

Airline not liable for refusing to board customer who admitted she appeared to be drunk

September 12, 2016

Pipino v. Delta Air Lines, Inc. (S.D. Fla. July 18, 2016).  When the plaintiff lined up at the gate to board the flight from LaGuardia Airport to Tampa, she was not at her best; she had a chipped a tooth the previous night, had a painful blister on her foot and had consumed three alcoholic … More Airline not liable for refusing to board customer who admitted she appeared to be drunk

Montreal Convention cancels ticketholders’ canceled ticket claims

June 23, 2016

Papaiyawala v. Saudi Arabian Airlines (E.D.V.A. Apr. 15, 2016).  The plaintiffs, a married couple, had purchased tickets for the wife’s parents to travel from India to New York.  Several days before the outbound flight, Saudia canceled the tickets in response to a fraud alert from the plaintiffs’ credit card company and then initiated the process … More Montreal Convention cancels ticketholders’ canceled ticket claims

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

September 30, 2015

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

Passenger’s racial discrimination claims based on airline deplaning come up short

October 29, 2014

Mercer v. Southwest Airlines Co. (N.D. Cal. Sept. 19, 2014).  In his amended complaint, the plaintiff, an African American, alleged that he and fiancée boarded the Southwest LAX-IAH flight with two carry-on bags apiece.  The plaintiff stowed his bags in an overhead compartment and then, “as a gentleman,” proceeded to do the same with one … More Passenger’s racial discrimination claims based on airline deplaning come up short

Court upholds airline’s right to deplane feisty, drunk-acting passenger

October 12, 2014

Lozada v. Delta Airlines, Inc. (S.D.N.Y. June 17, 2014).  The 69-year-old plaintiff eased the pain of a JFK-MIA flight delay by enjoying alcoholic drinks at two airport bars.  The plaintiff alleged that she boarded the aircraft without incident, but Delta disagreed.  According to airline personnel, the plaintiff appeared intoxicated and loudly demanded, in the gate … More Court upholds airline’s right to deplane feisty, drunk-acting passenger

Airline not liable for refusing to transport customer who lacked required travel documents

March 28, 2011

Reed v. Delta Airlines, Inc. (S.D.N.Y. Mar. 23, 2011).  The plaintiff and her dog, Blondie, arrived at John F. Kennedy International Airport to check in for their flight to Ghana.  Delta personnel informed the plaintiff that she lacked certain documents that Ghana required for Blondie to enter the country.  The plaintiff put Blondie in a cab to … More Airline not liable for refusing to transport customer who lacked required travel documents