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

Court shows the door to passenger’s exit row seating claims

Naqvi v. Turkish Airlines, Inc. (D.D.C. Feb. 23, 2015).  While checking in for his Turkish Airlines flight from Washington Dulles International Airport to Istanbul, Turkey, the passenger/plaintiff requested an exit row seat.  According to the plaintiff, airline personnel denied his request but promised him a “leg space seat.”  The plaintiff alleged that, upon boarding the … More Court shows the door to passenger’s exit row seating claims

Airline’s conditions of carriage withstand tropical storm

Chen v. China Eastern Airlines Co., Ltd. (N.Y. City Civ. Nov. 20, 2014).  The passenger/plaintiff bought a six-segment China Eastern ticket from an online travel agent.  After taking the first two flights (New York to Shanghai and Shanghai to Manila), the plaintiff took a side trip in the Philippines on a different airline.  The plaintiff … More Airline’s conditions of carriage withstand tropical storm

Court downgrades passengers’ seating upgrade lawsuit

Gulilat v. Delta Air Lines, Inc. (S.D. Fla. Oct. 29, 2014).  After boarding their flight from New York to Ghana, the two passenger/plaintiffs made a request to a flight attendant that they be reassigned to “upgraded comfort seats,” according to their amended complaint.  The plaintiffs asserted that Delta employees not only denied their request, but … More Court downgrades passengers’ seating upgrade lawsuit

Court rejects passenger’s “principal and permanent residence” argument in subject matter jurisdiction dispute

Razi v. Qatar Airways Q.C.S.C. (S.D. Tex. Feb. 6, 2014).  A passenger traveling on a roundtrip ticket for transportation originating in Pakistan alleged she was burned by a hot beverage served by a flight attendant during a flight from Doha, Qatar, to Houston.  The passenger filed a lawsuit in a Texas state court, which the airline … More Court rejects passenger’s “principal and permanent residence” argument in subject matter jurisdiction dispute

Ejected passenger’s claims fall, and fail, under Montreal Convention

Rogers v. Continental Airlines (D. N.J. Sept. 21, 2011).  The passenger and her daughter boarded the aircraft for a flight from Newark, New Jersey, to Cancun, Mexico, and stood in the forward galley while flight attendants tried to sort out their seat assignments.  While waiting, the passenger answered a call on her mobile phone.  When … More Ejected passenger’s claims fall, and fail, under Montreal Convention

Passenger not required to prove violation of regulation in order to establish that “accident” under Montreal Convention occurred

Phifer v. Icelandair (9th Cir. (Cal.) Sept. 1, 2011).  While boarding a flight from Minneapolis-St. Paul to Reykjavik, Iceland, the passenger struck her head on an overhead video monitor that was extended in the “down” position.  She sued Icelandair, alleging liability under the Montreal Convention. Under Article 17(1) of the Convention, “[t]he carrier is liable … More Passenger not required to prove violation of regulation in order to establish that “accident” under Montreal Convention occurred