Montreal Convention inapplicable where injured passenger unable to prove that airline regarded multi-airline carriage as “single operation”

Kruger v. United Air Lines, Inc. (N.D. Cal. Nov. 1, 2007).  While waiting on a jetway to board a flight from San Francisco to Seattle, the passenger was inadvertently struck on the head by a backpack swung by another boarding passenger.  The passenger was able to board but became “dazed and nauseated” during the flight … More Montreal Convention inapplicable where injured passenger unable to prove that airline regarded multi-airline carriage as “single operation”

Warsaw Convention preempts passenger tort claim against airline

Small v. America West Airlines, Inc. (D.N.J. Oct. 30, 2007).  The passenger alleged that the airline was liable under the New Jersey Consumer Fraud Act because it had tortiously denied losing his baggage, thereby preventing him from filing a claim against his insurance company.  The airline argued that the passenger’s state law claim was preempted … More Warsaw Convention preempts passenger tort claim against airline

Passengers’ state law seating and routing claims held preempted

Onwuteaka v. Northwest Airlines, Inc. and KLM Royal Dutch Airlines (S.D. Tex. May 10, 2007).  The passengers, a family of four, had two grievances concerning their international flight.  First, their request for “adjoining seats” was not honored.  Second, “[f]ive hours into their flight from Amsterdam to Nigeria, the plane was abruptly piloted back to Amsterdam … More Passengers’ state law seating and routing claims held preempted

Airline’s liability limited even for baggage checked against passenger’s will

Booker v. BWIA West Indies Airways Limited (E.D.N.Y. May 8, 2007).  After the passenger had boarded the aircraft for a flight from JFK to Guyana in 2004, the airline required that she check, “against her will,” two bags she was carrying.  When the passenger arrived in Guyana both bags were missing.  The bags did reappear four … More Airline’s liability limited even for baggage checked against passenger’s will

Airline’s summary judgment motion under the Warsaw Convention denied because passenger had not been “embarking”

Dick v. American Airlines, Inc. (D. Mass. Mar. 12, 2007).  The international travel itinerary of the plaintiff and her elderly mother, who required wheelchair assistance, included a connecting flight at Miami International Airport.  American provided (through a contractor) a wheelchair escort to assist the plaintiff’s mother in getting from the arrival gate to the departure … More Airline’s summary judgment motion under the Warsaw Convention denied because passenger had not been “embarking”

Airline obtains summary judgment in offended passenger case

Maduro v. American Airlines, Inc. (Virgin Islands Super. Feb. 26, 2007).  During a layover in Puerto Rico, the passenger approached American’s ticket counter to verify her connecting flight to the Virgin Islands.  The ticket agent supposedly refused to return the passenger’s ticket and told her “to shut up and take a seat” and that she … More Airline obtains summary judgment in offended passenger case

Passenger’s backpack beaning lawsuit survives airline’s motion to dismiss

Kruger v. United Airlines, Inc. (N.D. Cal. Mar. 1, 2007).  While waiting on a jetway to board a flight departing from San Francisco, the passenger was inadvertently struck on the head by a backpack swung by another boarding passenger.  The passenger was able to board but became “dazed and nauseated” during the flight due to … More Passenger’s backpack beaning lawsuit survives airline’s motion to dismiss

Montreal Convention eats passenger’s breakfast claim

Knowlton v. American Airlines, Inc. (D. Md. Jan. 31, 2007).  The passenger’s ticket for international travel included the notation “breakfast” for one of the flights.  However, during that flight the passenger was told by a flight attendant that the airline had changed its policy and that she had to pay $3.00 if she wished to have breakfast. The … More Montreal Convention eats passenger’s breakfast claim

Tardy passengers’ state common law “bumping” claims held preempted

Igwe v. Northwest Airlines, Inc. and KLM Royal Dutch Airlines (S.D. Tex. Jan. 4, 2007).  Because the passengers failed to check in at the gate counter in a timely manner, KLM gave their seats to other passengers.  The passengers were “irate” and refused the airline’s offer of transportation on a later flight on a different airline … More Tardy passengers’ state common law “bumping” claims held preempted

Airline not liable for downgrading passenger tickets

Sobol v. Continental Airlines (S.D.N.Y. Sept. 26, 2006).  Due to overbookings, the airline downgraded some of the first class tickets held by family members to coach class, causing the family to be separated during the international flights at issue. The family members alleged in their lawsuit that the separation caused them emotional trauma and stress, but no physical injury.  … More Airline not liable for downgrading passenger tickets