Category: Submission of baggage and cargo claims

Montreal Convention’s notice provision spoils shipper’s damaged vegetables claim

January 28, 2016

Mas & Sons Jardiniers, Ltd. v. Florida West International Airways, Inc. (Fla. 3d DCA Oct. 7, 2015).  The shipper/plaintiff alleged that it had sustained damages because Florida West failed to timely release fresh vegetables it had transported by air from Guatemala and Costa Rica to Miami.  Due to logistical problems involving payment for the cargo, … More Montreal Convention’s notice provision spoils shipper’s damaged vegetables claim

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

Court rules that shipper waited too long before raising stink about spoiled fish

May 19, 2007

O’gray Import & Export v. British Airways PLC (D. Md. May 4, 2007).  The shipper engaged British Airways to transport smoked fish from Ghana to BWI.  On September 8, 2005, the U.S. Food and Drug Administration released the cargo to the shipper but also placed a hold on the fish due to a suspicion of … More Court rules that shipper waited too long before raising stink about spoiled fish