Elder Abuse Act claim against airline fails in federal district court

Balukjian v. Virgin America, Inc. (N.D. Cal. Mar. 9, 2018).  The passenger/plaintiff was traveling on a red-eye flight from San Francisco to Boston with her 93 year-old father, who had a portable oxygen concentrator with him.  During the flight, the plaintiff’s father felt ill.  He asked her for oxygen, which she attempted to provide using … More Elder Abuse Act claim against airline fails in federal district court

Court grants airline’s motion to dismiss boarding discrimination claims

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

Court enforces conditions of carriage in missing jewelry lawsuit

Hekmat v. U.S. Transportation Security Administration and JetBlue Airways Corporation (S.D.N.Y. Mar. 29, 2017).  Before her flight from JFK to LAX, the passenger/plaintiff packed eight rings worth over $95,000 in her “Rimowa hard shell suitcase with integrated lock system,” which she then checked with JetBlue.  After retrieving the bag at LAX, the plaintiff “immediately” opened … More Court enforces conditions of carriage in missing jewelry lawsuit

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

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

Airline not liable for refusing to board customer who admitted she appeared to be drunk

Pipino v. Delta Air Lines, Inc. (S.D. Fla. July 18, 2016).  When the plaintiff lined up at the gate to board the flight from LaGuardia Airport to Tampa, she was not at her best; she had a chipped a tooth the previous night, had a painful blister on her foot and had consumed three alcoholic … More Airline not liable for refusing to board customer who admitted she appeared to be drunk

ATSA immunizes airline and employee from liability to customer who made bomb reference and disparaged TSA

Baez v. JetBlue Airways Corporation (2d. Cir. July 16, 2015).  The plaintiff checked baggage for her JetBlue flight from JFK to Austin, Texas.  However, she appeared at the gate late, after the aircraft’s door had been closed, so the gate agent refused to let her board.  The plaintiff admitted that she then made what the … More ATSA immunizes airline and employee from liability to customer who made bomb reference and disparaged TSA

Passenger’s racial discrimination claims based on airline deplaning come up short

Mercer v. Southwest Airlines Co. (N.D. Cal. Sept. 19, 2014).  In his amended complaint, the plaintiff, an African American, alleged that he and fiancée boarded the Southwest LAX-IAH flight with two carry-on bags apiece.  The plaintiff stowed his bags in an overhead compartment and then, “as a gentleman,” proceeded to do the same with one … More Passenger’s racial discrimination claims based on airline deplaning come up short