Court rules that rejected pre-litigation settlement demand does not create entitlement to attorneys’ fees under Montreal Convention

Bytska v. Swiss International Air Lines, Ltd. (N.D. Ill. Nov. 28, 2016).  In her 45-page complaint, the passenger/plaintiff alleged that Swiss and Ukraine International Airlines were liable under the Montreal Convention and EU 261 due to delays in her flights from Kiev to Chicago via Zurich.  As part of her claim under the Convention, the … More Court rules that rejected pre-litigation settlement demand does not create entitlement to attorneys’ fees under Montreal Convention

Ninth Circuit confirms inviolability of Montreal Convention’s two-year lawsuit filing limit

Von Schoenebeck v. Koninklijke Luchtvaart Maatschappij N.V. (9th Cir. Aug. 10, 2016).  During a 2008 KLM flight from Amsterdam to San Francisco, Ms. Schoenebeck sustained neck and back injuries when a seat backrest collapsed.  Less than two years after the flight arrived in San Francisco, Ms. Schoenebeck filed an action against KLM in South Africa.  … More Ninth Circuit confirms inviolability of Montreal Convention’s two-year lawsuit filing limit

Airline that took all reasonable measures in response to bird strike not liable for international travel delay

Bernfeld v. US Airways, Inc. (N.D. Ill. Apr. 20, 2016).  The plaintiffs, three family members, were traveling from Israel to Chicago, with a connection in Philadelphia.  The US Airways aircraft that was to operate the connecting flight sustained a bird strike en route to Philadelphia and was removed from service so the airline could conduct … More Airline that took all reasonable measures in response to bird strike not liable for international travel delay

Montreal Convention cancels ticketholders’ canceled ticket claims

Papaiyawala v. Saudi Arabian Airlines (E.D.V.A. Apr. 15, 2016).  The plaintiffs, a married couple, had purchased tickets for the wife’s parents to travel from India to New York.  Several days before the outbound flight, Saudia canceled the tickets in response to a fraud alert from the plaintiffs’ credit card company and then initiated the process … More Montreal Convention cancels ticketholders’ canceled ticket claims

Passenger’s claim based on seating-related injury fails under Montreal Convention

Plonka v. US Airways (E.D. Pa. Oct. 27, 2015).  During a flight from Philadelphia to Germany, the passenger/plaintiff was seated behind a seat under which was affixed a hard plastic box, known as an “IFE box,” that contained wiring for the seatback entertainment system.  The plaintiff alleged in his pro se complaint that, during the … More Passenger’s claim based on seating-related injury fails under Montreal Convention

Passenger’s fear of contagious disease not compensable under Montreal Convention

Jane Doe v. Etihad Airways, P.J.S.C. (E.D. Mich. Oct. 13, 2015).  During a flight from Abu Dhabi to Chicago, the passenger/plaintiff was pricked by a discarded syringe when she reached into in a seatback pocket.  The plaintiff sought treatment from her physician, who prescribed antiviral drugs and HIV and hepatitis tests.  The tests, which were … More Passenger’s fear of contagious disease not compensable under Montreal Convention

Montreal Convention applies, and time-bars, passenger’s claims despite injury’s occurrence during domestic flight

Cattaneo v. American Airlines, Inc. (N.D. Cal. Sept. 24, 2015).  The passenger/plaintiff traveled roundtrip on American’s flights between LAX and Cozumel, Mexico, via DFW, in June 2011.  In her complaint filed in November 2014, the plaintiff alleged that, during the DFW-LAX flight, a flight attendant gave her “an unlidded cup of hot water,” which spilled … More Montreal Convention applies, and time-bars, passenger’s claims despite injury’s occurrence during domestic flight