Category: Damages

Airline prevails on “real party in interest” defense in EU 261 lawsuit brought by claims management company

December 8, 2020

Click 2 Refund Inc. v. British Airways Plc (C.D. Cal. Nov. 18, 2019).  EU 261’s robust compensation provisions have spawned a thriving industry of web-based “claims management companies” that offer to assist airline customers in obtaining recoveries for canceled or delayed flights on a “no win, no fee” basis.  One such company claims that it … More Airline prevails on “real party in interest” defense in EU 261 lawsuit brought by claims management company

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 relies on Montreal Convention’s “act of public authority” liability exclusion in cargo spoilage case

February 3, 2017

Best Value Kosher Foods, Inc. v. American Airlines, Inc. (E.D.N.Y. Dec. 12, 2016).  Best Value arranged for cheese it had purchased in France to be shipped by American from Paris to New York.  The day after the cargo arrived at American’s JFK cargo terminal, American stored it in a cooler and notified Best Value’s agent … More Court relies on Montreal Convention’s “act of public authority” liability exclusion in cargo spoilage case

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

Passenger’s fear of contagious disease not compensable under Montreal Convention

November 30, 2015

Jane Doe v. Etihad Airways, P.J.S.C. (E.D. Mich. Oct. 13, 2015).  During a flight from Abu Dhabi to Chicago, the passenger/plaintiff was pricked by a discarded syringe when she reached into in a seatback pocket.  The plaintiff sought treatment from her physician, who prescribed antiviral drugs and HIV and hepatitis tests.  The tests, which were … More Passenger’s fear of contagious disease not compensable under Montreal Convention

Delta obtains $22 million default judgment against operator of travel club scheme

August 20, 2015

Delta Air Lines v. John Wunder, John VanGinhoven et al. (N.D. Ga. May 29, 2015).  In its 84-page, 292-paragraph complaint, Delta alleged that John Wunder, John VanGinhoven and 37 other individual and corporate defendants had violated federal and state trademark and racketeering statutes by using Delta’s name and trademarks, without authorization, on “a massive number” … More Delta obtains $22 million default judgment against operator of travel club scheme

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

January 4, 2011

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

The Computer Fraud and Abuse Act: revenue protection weapon for airlines

December 5, 2010

Note:  This post is an abridged version of the article I wrote for the Autumn 2010 issue of Issues in Aviation Law and Policy, which is published by the International Aviation Law Institute of DePaul University College of Law.  Click here for the full version. Until the last few years, airlines sustained significant revenue losses from “bust-outs” … More The Computer Fraud and Abuse Act: revenue protection weapon for airlines

Airline prevails on summary judgment by proving it took all reasonable measures to avoid delaying passengers

December 2, 2010

Cohen v. Delta Air Lines, Inc. (S.D.N.Y. Nov. 8, 2010).  The plaintiffs had tickets for travel from New York (JFK) to Buenos Aires, Argentina, connecting in Atlanta.  Due to an air traffic control mandate, the flight to Atlanta was delayed, and, as a result, the plaintiffs missed the flight to Buenos Aires.  Delta booked the … More Airline prevails on summary judgment by proving it took all reasonable measures to avoid delaying passengers