Category: Preemption – treaty

Court trims passengers’ claims in case alleging hard landing injuries

January 11, 2018

Callahan v. United Airlines, Inc. (W.D. Okla. Sept. 28, 2017).  In their amended complaint, the passengers/plaintiffs alleged that the hard landing of their flight from Cancun, Mexico, to Houston caused permanent injuries to plaintiff Sylvia Callahan’s spine.  The other plaintiff, Ms. Callahan’s husband, did not allege any physical injuries from the landing.  The plaintiffs advanced … More Court trims passengers’ claims in case alleging hard landing injuries

Montreal Convention cancels ticketholders’ canceled ticket claims

June 23, 2016

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

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

April 3, 2015

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

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

December 12, 2011

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

Race discrimination claim preempted by Warsaw Convention

March 8, 2011

Sewer v. LIAT (1974) Ltd. (D. Virgin Islands Feb. 16, 2011).  The plaintiff had purchased a ticket for a LIAT flight from the British Virgin Islands to Antigua.  The flight was overbooked, so airline personnel informed the plaintiff that he would have to take a later flight.  Undeterred, the plaintiff (and the other waiting would-be … More Race discrimination claim preempted by Warsaw Convention

Airline obtains summary judgment in case involving passenger assault and false arrest claims

November 30, 2010

Ginsberg v. American Airlines (S.D.N.Y. Sept. 27, 2010).  The plaintiff was a passenger on an American flight from New York (JFK) to Turks and Caicos.  After visiting the restroom during the flight, the plaintiff moved a food cart out of his way so he could return to his seat.  However, a flight attendant had instructed … More Airline obtains summary judgment in case involving passenger assault and false arrest claims

Plaintiff avoids preemptive effect of Montreal Convention by court’s holding that claims are for non-performance, not delay

July 29, 2009

Mullaney v. Delta Air Lines, Inc. (S.D.N.Y. June 3, 2009).  According to the plaintiff, Delta canceled his return flight from Paris to New York due to a strike by employees of Air France (Delta’s codeshare partner) and breached its written promise to reimburse customers who booked substitute flights on other airlines.  In his class action … More Plaintiff avoids preemptive effect of Montreal Convention by court’s holding that claims are for non-performance, not delay

Court analyzes definition of “international carriage” under Montreal Convention

February 28, 2009

Jones v. USA 3000 Airlines (E.D. Mo. Feb. 9, 2009).  During a flight from St. Louis to Jamaica, a flight attendant allegedly pushed a service cart into the passenger’s knee, causing damage to the passenger’s “entire nervous system which had been severely shocked and deranged.”  The passenger filed a lawsuit against the airline in state … More Court analyzes definition of “international carriage” under Montreal Convention

Court’s narrow view of Montreal Convention preemption results in remand to state court

January 31, 2009

Narkiewicz-Laine v. Scandinavian Airlines Systems (N.D. Ill. Sept. 12, 2008).  In his state court complaint, the passenger claimed that (i) the airline’s delay of a certain international flight in March 2008 caused him to miss his connecting flight, and (ii) the airline refused to refund his ticket for an international flight scheduled for June 2006, … More Court’s narrow view of Montreal Convention preemption results in remand to state court

Court rules on summary judgment motions in charter flights class action

April 28, 2008

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