Category: EU Regulation 261/2004

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

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

December 9, 2016

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

September 15, 2016

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