Category: Passenger claims – international flights

Airline not liable to passenger for substitute transportation

October 10, 2006

Oparaji v. Virgin Atlantic Airways, Ltd. (E.D.N.Y. Sept. 19, 2006).  Instead of boarding his flight after being questioned about his passport, the passenger spent time venting his anger to airline personnel, causing him to miss the flight.  The passenger then bought a ticket from another airline. In his lawsuit, the passenger alleged every cause of action he could dredge up, and … More Airline not liable to passenger for substitute transportation

Passenger state law claims preempted by Montreal Convention

October 9, 2006

Malek v. Societe Air France (N.Y. City Civil Ct. Sept. 8, 2006).  Due to a late-arriving flight, the passenger missed his connecting flight.  The airline arranged for alternate carriage on a different airline, for which the passenger had to wait eight hours.  He claimed that the delay inconvenienced and exhausted him, and also claimed that the airline damaged his baggage.  The passenger sued for … More Passenger state law claims preempted by Montreal Convention

Passenger state law claims preempted by Warsaw Convention

October 9, 2006

Mbaba v. Societe Air France, 457 F.3d 496 (5th Cir. (Tex.) July 25, 2006).  At a layover in Paris, the airline offloaded the passenger’s bags and charged him over $4,000 in excess baggage fees.  The passenger alleged the usual state law causes of action — breach of contract, deceptive trade practices and fraud. The court held that the Warsaw … More Passenger state law claims preempted by Warsaw Convention