DOT enforces consumer-friendly interpretation of Montreal Convention baggage liability provisions

January 4, 2011

As previously reported, on March 26, 2009 DOT issued a “Guidance on Airline Baggage Liability and Responsibilities of Code-Share Partners Involving International Itineraries” that states in part as follows:  “Although carriers may wish to have tariff terms that prohibit passengers from including certain items in checked baggage, once a carrier accepts checked baggage, whatever is … More DOT enforces consumer-friendly interpretation of Montreal Convention baggage liability provisions

Airline not liable to customer for trip and fall in TSA-controlled area

December 20, 2010

Narvaez v. American Airlines, Inc. (S.D.N.Y. Dec. 13, 2010).  After checking her baggage at American’s ticket counter at John F. Kennedy International Airport, the plaintiff proceeded to the security checkpoint.  After presenting her passport to a TSA employee at the checkpoint, but before going through the metal detector, the plaintiff tripped over the upturned corner … More Airline not liable to customer for trip and fall in TSA-controlled area

Court rejects parent’s contention that airline has duty during boarding to ensure compliance with child custody orders

December 12, 2010

Braden v. All Nippon Airways Co., Ltd. (Cal. App. 2nd Dist. Oct. 13, 2010).  In a child custody case, the court had denied the mother’s request to move to Japan with her infant daughter and had ordered that she surrender her daughter’s passport.  Despite the order, the mother, using the passport, took the child with … More Court rejects parent’s contention that airline has duty during boarding to ensure compliance with child custody orders

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

December 5, 2010

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 prevails on summary judgment by proving it took all reasonable measures to avoid delaying passengers

December 2, 2010

Cohen v. Delta Air Lines, Inc. (S.D.N.Y. Nov. 8, 2010).  The plaintiffs had tickets for travel from New York (JFK) to Buenos Aires, Argentina, connecting in Atlanta.  Due to an air traffic control mandate, the flight to Atlanta was delayed, and, as a result, the plaintiffs missed the flight to Buenos Aires.  Delta booked the … More Airline prevails on summary judgment by proving it took all reasonable measures to avoid delaying passengers

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

Third Circuit affirms dismissal of airline’s declaratory judgment action on forum non conveniens grounds

November 22, 2010

Delta Air Lines, Inc. v. Chimet, S.p.A. (3d Cir. (Pa.) Aug. 30, 2010).  Chimet, an Italian company with no U.S. offices, contracted with Delta in 2007 to transport over 100 kilograms of platinum (allegedly worth over US$4 million) from Italy to a consignee in Philadelphia, Pennsylvania.  The platinum was stolen before delivery was made, allegedly … More Third Circuit affirms dismissal of airline’s declaratory judgment action on forum non conveniens grounds

Airline’s right to make changes causing loss of accrued frequent flyer mileage affirmed

November 19, 2010

Mayer v. United Air Lines, Inc. (N.J. Super. App. Div. Oct. 19, 2010).  Like the rules of many, if not all, frequent flyer programs, the rules of United’s Mileage Plus Program include the airline’s reservation of its right to change the terms of the program in ways that negatively affect the value of members’ previously-accrued mileage.  … More Airline’s right to make changes causing loss of accrued frequent flyer mileage affirmed

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

November 16, 2010

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”

DOT extends period for commenting on proposed rule enhancing airline passenger protections

August 3, 2010

In response to numerous requests, DOT has extended the comment period for “Enhancing Airline Passenger Protections,” a Notice of Proposed Rulemaking the agency issued in June 2010, from August 9 to September 23, 2010.  If adopted, the proposed rule, which can be found at 75 F.R. 32318 (June 8, 2010), would substantially expand DOT’s rule … More DOT extends period for commenting on proposed rule enhancing airline passenger protections