Category: Injunctive relief

ADA preempts passenger’s negligence claims arising from impact with video monitor

March 5, 2017

Fawemimo v. American Airlines, Inc. (S.D.N.Y. Jan. 30, 2017).  While approaching her seat on a flight from JFK to LAX, the passenger/plaintiff hit her head on a video monitor mounted on a bulkhead wall of the 767 aircraft.  The plaintiff alleged in her pro se state court complaint against American that the monitor was “reckless … More ADA preempts passenger’s negligence claims arising from impact with video monitor

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

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

Legacy carriers battle over New York sales employee

June 16, 2009

American Airlines, Inc. v. Imhof and Delta Airlines, Inc. (S.D.N.Y. June 3, 2009).  After 22 years as an American employee, the managing director of the airline’s New York Sales Division resigned to accept a similar job with Delta.  During the weeks before he resigned, he copied various documents relating to American’s business, including a PowerPoint … More Legacy carriers battle over New York sales employee

Appeals court upholds temporary injunction against frequent flyer mileage brokers

March 8, 2009

Frequent Flyer Depot, Inc., George Pirkle and Robert Pirkle v. American Airlines, Inc. (Tex. Ct. App. Feb. 26, 2009).  American’s AAdvantage frequent flyer program prohibits the purchase or sale of the program’s mileage credit or award tickets and makes such mileage or tickets void if transferred for cash or other consideration.  American sued Frequent Flyer … More Appeals court upholds temporary injunction against frequent flyer mileage brokers

Airline battles frequent flyer mileage brokers in federal court

May 26, 2008

Alaska Airlines, Inc. v. Carey (W.D. Wash. Apr. 15, 2008).  The terms and conditions Alaska Airlines’ frequent flyer program, known as the Mileage Plan, prohibit its members from selling, purchasing or bartering miles or award tickets, and they state that miles and award tickets “are void if transferred for cash or other consideration.” In 2007, Alaska Airlines filed … More Airline battles frequent flyer mileage brokers in federal court

Southwest persuades court to shut down boarding pass company’s operations

September 17, 2007

Southwest Airlines Co. v. BoardFirst, L.L.C. (N.D. Tex. Sept. 12, 2007).  BoardFirst went into business in 2005 to assist Southwest passengers in obtaining the coveted “A” group boarding passes.  “A” boarding passes are obtained by the first 45 passengers to check in, and “A” passengers are the first to board the aircraft.  A BoardFirst customer … More Southwest persuades court to shut down boarding pass company’s operations

Airline fights back against certificate brokering

December 26, 2006

Northwest Airlines, Inc. v. Bauer (D. N.D. Dec. 15, 2006).  Since the early days of the Internet, various web site owners have brazenly offered to buy and sell airline discount and upgrade certificates, a direct violation of the terms governing such certificates.  To add insult to injury, these sites have often used airline logos and other valuable trademarks to promote their illicit services by confusing consumers into believing … More Airline fights back against certificate brokering