Category: Federal question jurisdiction

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

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

Third Circuit upholds summary judgment for airline in overbooking case

June 6, 2010

Kalick v. Northwest Airlines Corp. (3d Cir. (N.J.) Mar. 29, 2010).  Northwest bumped the customer from a flight from Kansas City to Philadelphia.  The customer responded by filing a lawsuit in federal district court, alleging that Northwest had violated 14 C.F.R. § 250.9 by failing to provide him compensation for the bumping and also asserting state … More Third Circuit upholds summary judgment for airline in overbooking case

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

January 31, 2009

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

Fifth Circuit vacates summary judgment against passenger in baggage case

September 30, 2007

Muoneke v. Air France (5th Cir. Tex. Sept. 17, 2007).  The day after her flight from Texas arrived in Nigeria, the passenger went to the airline’s lost baggage office at the airport and claimed that several items were missing from her checked baggage.  The passenger alleged that she submitted a written claim regarding the missing … More Fifth Circuit vacates summary judgment against passenger in baggage case

Montreal Convention eats passenger’s breakfast claim

February 5, 2007

Knowlton v. American Airlines, Inc. (D. Md. Jan. 31, 2007).  The passenger’s ticket for international travel included the notation “breakfast” for one of the flights.  However, during that flight the passenger was told by a flight attendant that the airline had changed its policy and that she had to pay $3.00 if she wished to have breakfast. The … More Montreal Convention eats passenger’s breakfast claim

Passenger case remanded because “international transportation” not involved

November 28, 2006

Christoph v. American Airlines (E.D.N.Y. Nov. 17, 2006).  The passengers bought roundtrip tickets on American for travel between New York (LGA) and Ft. Lauderdale using the airline’s web site, and separately, they bought roundtrip tickets on another airline for travel between Miami and Brazil using a travel agent.  After their vacation in Brazil, the passengers returned to Miami and then took an American flight from Ft. Lauderdale to … More Passenger case remanded because “international transportation” not involved