Air cargo carrier enforces contractual liability limitation against shipper’s claim

Golden Hawk Metallurgical, Inc. v. Federal Express Corporation (E.D. Mich. Oct. 4, 2016).  The plaintiff, a metal refinery, shipped two packages to its customers via FedEx.  According to the plaintiff, the packages contained gold and diamonds valued over $33,000, but the plaintiff did not declare any value for either shipment.  The plaintiff alleged that FedEx … More Air cargo carrier enforces contractual liability limitation against shipper’s claim

Ninth Circuit confirms inviolability of Montreal Convention’s two-year lawsuit filing limit

Von Schoenebeck v. Koninklijke Luchtvaart Maatschappij N.V. (9th Cir. Aug. 10, 2016).  During a 2008 KLM flight from Amsterdam to San Francisco, Ms. Schoenebeck sustained neck and back injuries when a seat backrest collapsed.  Less than two years after the flight arrived in San Francisco, Ms. Schoenebeck filed an action against KLM in South Africa.  … More Ninth Circuit confirms inviolability of Montreal Convention’s two-year lawsuit filing limit

Airline that took all reasonable measures in response to bird strike not liable for international travel delay

Bernfeld v. US Airways, Inc. (N.D. Ill. Apr. 20, 2016).  The plaintiffs, three family members, were traveling from Israel to Chicago, with a connection in Philadelphia.  The US Airways aircraft that was to operate the connecting flight sustained a bird strike en route to Philadelphia and was removed from service so the airline could conduct … More Airline that took all reasonable measures in response to bird strike not liable for international travel delay

Airline not liable for refusing to board customer who admitted she appeared to be drunk

Pipino v. Delta Air Lines, Inc. (S.D. Fla. July 18, 2016).  When the plaintiff lined up at the gate to board the flight from LaGuardia Airport to Tampa, she was not at her best; she had a chipped a tooth the previous night, had a painful blister on her foot and had consumed three alcoholic … More Airline not liable for refusing to board customer who admitted she appeared to be drunk

Montreal Convention cancels ticketholders’ canceled ticket claims

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

Airline not liable for customer’s travel-related misfortunes

Naqvi v. Saudi Arabian Airlines, Inc. (D.D.C. Feb. 12, 2016).  The plaintiff’s air travel originating at Washington Dulles International Airport included a connecting flight on Saudi Arabian Airlines from Jeddah, Saudi Arabia to Islamabad, Pakistan.  Upon arriving at Jeddah, the plaintiff learned that the flight to Islamabad would be departing from a distant terminal, not … More Airline not liable for customer’s travel-related misfortunes

Passenger’s claim based on seating-related injury fails under Montreal Convention

Plonka v. US Airways (E.D. Pa. Oct. 27, 2015).  During a flight from Philadelphia to Germany, the passenger/plaintiff was seated behind a seat under which was affixed a hard plastic box, known as an “IFE box,” that contained wiring for the seatback entertainment system.  The plaintiff alleged in his pro se complaint that, during the … More Passenger’s claim based on seating-related injury fails under Montreal Convention