Holders of airline gift cards who did not use them, lost them

Restivo v. Continental Airlines, Inc. (Ohio App. Jan. 20, 2011).  Continental sold gift cards for air transportation that were valid for one year after issuance.  Purchasers agreed in writing to the one-year validity period.  When the airline refused to honor expired cards, cardholders commenced a class action lawsuit, alleging that Continental had violated Ohio’s gift … More Holders of airline gift cards who did not use them, lost them

The Computer Fraud and Abuse Act: revenue protection weapon for airlines

Note:  This post is an abridged version of the article I wrote for the Autumn 2010 issue of Issues in Aviation Law and Policy, which is published by the International Aviation Law Institute of DePaul University College of Law.  Click here for the full version. Until the last few years, airlines sustained significant revenue losses from “bust-outs” … More The Computer Fraud and Abuse Act: revenue protection weapon for airlines

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

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

Long-pending ARC case against agency’s principals headed to trial after parties fail to conclude it through “barrage of dispositive motions”

Airlines Reporting Corporation v. Belfon (D. Virgin Islands Sept. 16, 2010).  World Wide Travel was formed in 1985 and was converted from the Agent Reporting Plan to the ARC program in 1999.  In 2001, WWT began to report sales late, fail to report sales and to other otherwise breach its remittance-related obligations under the Agent … More Long-pending ARC case against agency’s principals headed to trial after parties fail to conclude it through “barrage of dispositive motions”

Federal court slices, dices and dismisses ticket-related complaint on subject matter jurisdiction grounds

Onyiuke v. Cheap Tickets, Inc. & Virgin Atlantic Airways Limited (D.N.J. Dec. 31, 2009).  In August 2008, the plaintiff purchased a ticket, through CheapTickets.com, for roundtrip travel from Newark Liberty International Airport to Lagos, Nigeria, connecting in Gatwick Airport.  The first segment was to be on a Continental flight in mid-December 2009, and the connecting flight … More Federal court slices, dices and dismisses ticket-related complaint on subject matter jurisdiction grounds

Passenger price-fixing case dismissed on subject matter jurisdiction grounds

McLafferty v. Deutsche Lufthansa A.G. et al. (E.D. Pa. Oct. 16, 2009).  In her class action complaint, the plaintiff alleged that Lufthansa, Air France, KLM and Alitalia had engaged in price fixing in violation of the Sherman Act.  She alleged that, at a 2003 IATA meeting, the airlines agreed to impose surcharges on fares for passenger … More Passenger price-fixing case dismissed on subject matter jurisdiction grounds

Appeals court upholds temporary injunction against frequent flyer mileage brokers

Frequent Flyer Depot, Inc., George Pirkle and Robert Pirkle v. American Airlines, Inc. (Tex. Ct. App. Feb. 26, 2009).  American’s AAdvantage frequent flyer program prohibits the purchase or sale of the program’s mileage credit or award tickets and makes such mileage or tickets void if transferred for cash or other consideration.  American sued Frequent Flyer … More Appeals court upholds temporary injunction against frequent flyer mileage brokers