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
Braden v. All Nippon Airways Co., Ltd. (Cal. App. 2nd Dist. Oct. 13, 2010). In a child custody case, the court had denied the mother’s request to move to Japan with her infant daughter and had ordered that she surrender her daughter’s passport. Despite the order, the mother, using the passport, took the child with … More Court rejects parent’s contention that airline has duty during boarding to ensure compliance with child custody orders
Nathaniel v. American Airlines (D. Virgin Islands Nov. 20, 2008). According to the passenger, airline personnel forced her off the aircraft before the domestic flight and refused to transport her because they had determined “she was too fat” and represented a safety “hazard.” The passenger’s complaint, which set forth causes of action for breach of … More Airline required to disclose passenger contact information, but not employee contact information, in refusal to transport case
Kruger v. United Air Lines, Inc. (N.D. Cal. Nov. 1, 2007). While waiting on a jetway to board a flight from San Francisco to Seattle, the passenger was inadvertently struck on the head by a backpack swung by another boarding passenger. The passenger was able to board but became “dazed and nauseated” during the flight … More Montreal Convention inapplicable where injured passenger unable to prove that airline regarded multi-airline carriage as “single operation”
Cerqueira v. American Airlines, Inc. (1st Cir. (Mass.) Jan. 10, 2008). As previously reported, in December 2003, American Airlines removed three passengers, a man of Portuguese national origin and two Israelis seated nearby, from an aircraft at the departure gate in Boston for questioning by state police officers. After the questioning, the airline declined to … More Airline obtains reversal of passenger jury verdict in refusal to transport case
Southwest Airlines Co. v. BoardFirst, L.L.C. (N.D. Tex. Sept. 12, 2007). BoardFirst went into business in 2005 to assist Southwest passengers in obtaining the coveted “A” group boarding passes. “A” boarding passes are obtained by the first 45 passengers to check in, and “A” passengers are the first to board the aircraft. A BoardFirst customer … More Southwest persuades court to shut down boarding pass company’s operations
Way back in 1978, the CAB increased to $400 the maximum amount of compensation due from an airline that involuntarily denies a passenger boarding due to overbooking. At the time of the increase, Jimmy Carter was president and the most popular TV show in the U.S. was “Laverne & Shirley” (followed closely by “Happy Days” and … More DOT considering whether to increase denied boarding compensation
Sanchez-Morrabal v. Omni Air Services, Co. (D. Puerto Rico July 6, 2007). Way back in 2001, the passenger fell off a ramp and injured his leg while boarding an aircraft in Honduras for a flight to Puerto Rico. In his 2006 lawsuit against the airline, one of the passenger’s causes of action was for relief under … More Injured passenger embraces Warsaw Convention then tries, without success, to avoid it
Cerqueira v. American Airlines, Inc. (D. Mass. Jan. 12, 2007). In December 2003, the airline removed three passengers, a man of Portuguese national origin and two Israelis seated nearby, from an aircraft at the departure gate in Boston for questioning by state police officers. After the questioning, the airline declined to rebook them on another flight to Ft. Lauderdale. The passenger of Portuguese national origin filed a … More Jury returns verdict for passenger in refusal to transport case
Dasrath v. Continental Airlines, Inc. (D. N.J. Dec. 22, 2006). Three months after September 11, an airline captain had three passengers removed from the aircraft during boarding due to his security concerns. One of the passengers, a U.S. citizen of West Indian national origin, filed a lawsuit against the airline alleging discrimination in violation of federal and state statutes. The … More Airline summary judgment motion granted in boarding discrimination case