Court rules on summary judgment motions in charter flights class action

In re Nigeria Charter Flights Contract Litigation (E.D.N.Y. Oct. 25, 2007).  In 2002, World Airways, Inc. and Ritetime Aviation and Travel Services, Inc. entered into a charter aircraft services agreement under which World agreed to supply Ritetime with round-trip flights between points in the U.S. and Lagos, Nigeria.  The charter flights began but, by the … More Court rules on summary judgment motions in charter flights class action

Second Circuit grounds New York’s airline passenger “Bill of Rights”

Air Transport Association of America, Inc. v. Andrew Cuomo (2d Cir. (N.Y.) Mar. 25, 2008).  New York’s airline passenger “Bill of Rights” required that airlines provide passengers with food, water, electricity and working restrooms during ground delays over three hours.  The Second Circuit held that 49 U.S.C. § 41713(b)(1), the preemption provision of the Airline … More Second Circuit grounds New York’s airline passenger “Bill of Rights”

Court partially grants airline motion to dismiss injured passenger’s complaint

Levy v. Continental Airlines, Inc. (E.D. Pa. Oct. 1, 2007).  During a flight from Houston to Philadelphia, the passenger was injured when a large ceramic bowl fell from a broken or improperly closed overhead compartment and struck her head.  The passenger filed a lawsuit against the airline, alleging that it had negligently violated duties of … More Court partially grants airline motion to dismiss injured passenger’s complaint

Federal court upholds legality of New York’s airline passenger “Bill of Rights”

Air Transport Association of America, Inc. v. Andrew Cuomo et al. (N.D.N.Y. Dec. 20, 2007).  In a decision issued yesterday, the U.S. District Court for the Northern District of New York denied the Air Transport Association’s motion for a preliminary injunction enjoining the enforcement of New York’s airline passenger “Bill of Rights.”  Instead, the court granted summary … More Federal court upholds legality of New York’s airline passenger “Bill of Rights”

Federal court to rule soon on legality of New York’s airline passenger “Bill of Rights”

Air Transport Association of America, Inc. v. Andrew Cuomo et al. (N.D.N.Y.).  On December 18, 2007, the U.S. District Court for the Northern District of New York will hold a hearing on the Air Transport Association’s motion for a preliminary injunction enjoining the enforcement of New York’s airline passenger “Bill of Rights.”  I will report … More Federal court to rule soon on legality of New York’s airline passenger “Bill of Rights”

New York legislation is on collision course with federal statute

The New York State Legislature is close to enacting the “Consumer Bill of Rights Regarding Airline Passengers.”  The sponsors of S5050-C have cited ground delay incidents that occurred at New York airports in February and March 2007 as justification for the legislation.  They have stated that “New York is home to some of the world’s busiest … More New York legislation is on collision course with federal statute

Dog dies after flight but owner’s lawsuit survives airline’s summary judgment motion

Ing v. American Airlines (N.D. Cal. Feb. 5, 2007).  Willie, “a young English Bulldog,” was shipped in a kennel in the cargo compartment of a flight from JFK to San Francisco in August 2005.  Upon arrival, Willie was sick and his owner requested that he be allowed to take Willie to a veterinarian.  American refused … More Dog dies after flight but owner’s lawsuit survives airline’s summary judgment motion

First Circuit ruling confirms that “nonrefundable” tickets are totally nonrefundable

Buck v. American Airlines, Inc. (1st Cir. Mass. Feb. 7, 2007).  Some airline customers find it difficult to accept that their “nonrefundable” tickets are truly nonrefundable.  Some have filed lawsuits against airlines, but the courts routinely dismiss these claims as preempted by the federal Airline Deregulation Act (“ADA”), which prohibits the enactment or enforcement of … More First Circuit ruling confirms that “nonrefundable” tickets are totally nonrefundable