Category: Implied covenant of good faith and fair dealing

Federal appeals court rules that “nonrefundable” means . . . nonrefundable

March 8, 2018

Martin v. United Airlines, Inc. (10th Cir. Feb. 21, 2018).  After buying several “nonrefundable” tickets via United’s website, the customers/plaintiffs, a married couple, canceled their reservations before the ticketed departure dates.  They alleged they attempted, without success, to make new reservations within the one-year deadline set forth in United’s Contract of Carriage for booking a new … More Federal appeals court rules that “nonrefundable” means . . . nonrefundable

Court grants airline’s motion to dismiss boarding discrimination claims

December 22, 2017

Shin v. American Airlines Group, Inc. (E.D.N.Y. Aug. 3, 2017).  The customer/plaintiff alleged that American “dramatically” refused to allow him to board a flight from DFW to Corpus Christi, Texas, “[f]or the mere fact that the Plaintiff was Korean-American,” while allowing white customers to board the flight.  In his complaint, the plaintiff alleged claims under … More Court grants airline’s motion to dismiss boarding discrimination claims

Airline not liable for customer’s travel-related misfortunes

April 14, 2016

Naqvi v. Saudi Arabian Airlines, Inc. (D.D.C. Feb. 12, 2016).  The plaintiff’s air travel originating at Washington Dulles International Airport included a connecting flight on Saudi Arabian Airlines from Jeddah, Saudi Arabia to Islamabad, Pakistan.  Upon arriving at Jeddah, the plaintiff learned that the flight to Islamabad would be departing from a distant terminal, not … More Airline not liable for customer’s travel-related misfortunes

“Million Mile Flyer” unable to go the distance in challenge to frequent flyer program changes

February 9, 2014

Lagen v. United Continental Holdings, Inc. (N.D. Ill. Jan. 23, 2014).  As with many, if not all, frequent flyer programs, United’s MileagePlus program rules have always expressly allowed United to change or eliminate the program’s benefits.  In an attempt to get around these rules, and the many opinions upholding an airline’s right to enforce similar … More “Million Mile Flyer” unable to go the distance in challenge to frequent flyer program changes

Airline not liable for refusing to transport customer who lacked required travel documents

March 28, 2011

Reed v. Delta Airlines, Inc. (S.D.N.Y. Mar. 23, 2011).  The plaintiff and her dog, Blondie, arrived at John F. Kennedy International Airport to check in for their flight to Ghana.  Delta personnel informed the plaintiff that she lacked certain documents that Ghana required for Blondie to enter the country.  The plaintiff put Blondie in a cab to … More Airline not liable for refusing to transport customer who lacked required travel documents

Passenger ground delay case is trimmed but survives

September 1, 2008

Ray v. American Airlines, Inc. (W.D. Ark. Aug. 22, 2008).  The passenger’s December 2007 flight on American from Oakland to Dallas was diverted to Austin due to weather conditions.  The passenger claims that she was confined to the aircraft in Austin against her will and that she endured “deplorable conditions” during the 11-hour ground delay. … More Passenger ground delay case is trimmed but survives