Court rules that rejected pre-litigation settlement demand does not create entitlement to attorneys’ fees under Montreal Convention

Bytska v. Swiss International Air Lines, Ltd. (N.D. Ill. Nov. 28, 2016).  In her 45-page complaint, the passenger/plaintiff alleged that Swiss and Ukraine International Airlines were liable under the Montreal Convention and EU 261 due to delays in her flights from Kiev to Chicago via Zurich.  As part of her claim under the Convention, the … More Court rules that rejected pre-litigation settlement demand does not create entitlement to attorneys’ fees under Montreal Convention

Airline that took all reasonable measures in response to bird strike not liable for international travel delay

Bernfeld v. US Airways, Inc. (N.D. Ill. Apr. 20, 2016).  The plaintiffs, three family members, were traveling from Israel to Chicago, with a connection in Philadelphia.  The US Airways aircraft that was to operate the connecting flight sustained a bird strike en route to Philadelphia and was removed from service so the airline could conduct … More Airline that took all reasonable measures in response to bird strike not liable for international travel delay

Montreal Convention cancels ticketholders’ canceled ticket claims

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

Conditions of carriage withstand tort claims by delayed passengers

Lavine v. American Airlines, Inc. (Md. Special App. Dec. 1, 2011).  Using aa.com, the plaintiffs bought two American Airlines tickets for roundtrip transportation originating and terminating at Reagan National Airport, with an intermediate stop at Key West International Airport.  Their outbound itinerary included a connecting flight from Miami International Airport to Key West.  They received an … More Conditions of carriage withstand tort claims by delayed passengers

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

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

Plaintiff avoids preemptive effect of Montreal Convention by court’s holding that claims are for non-performance, not delay

Mullaney v. Delta Air Lines, Inc. (S.D.N.Y. June 3, 2009).  According to the plaintiff, Delta canceled his return flight from Paris to New York due to a strike by employees of Air France (Delta’s codeshare partner) and breached its written promise to reimburse customers who booked substitute flights on other airlines.  In his class action … More Plaintiff avoids preemptive effect of Montreal Convention by court’s holding that claims are for non-performance, not delay

Court’s narrow view of Montreal Convention preemption results in remand to state court

Narkiewicz-Laine v. Scandinavian Airlines Systems (N.D. Ill. Sept. 12, 2008).  In his state court complaint, the passenger claimed that (i) the airline’s delay of a certain international flight in March 2008 caused him to miss his connecting flight, and (ii) the airline refused to refund his ticket for an international flight scheduled for June 2006, … More Court’s narrow view of Montreal Convention preemption results in remand to state court