Category: Preemption – treaty

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