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

August 1, 2010

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

Third Circuit upholds summary judgment for airline in overbooking case

June 6, 2010

Kalick v. Northwest Airlines Corp. (3d Cir. (N.J.) Mar. 29, 2010).  Northwest bumped the customer from a flight from Kansas City to Philadelphia.  The customer responded by filing a lawsuit in federal district court, alleging that Northwest had violated 14 C.F.R. § 250.9 by failing to provide him compensation for the bumping and also asserting state … More Third Circuit upholds summary judgment for airline in overbooking case

Airline’s liability for injury caused by fellow passenger limited by Montreal Convention

February 28, 2010

Wright v. American Airlines, Inc. (N.D. Tex. Feb. 8, 2010).  Article 21 of the Montreal Convention governs the compensation owed by an airline for a passenger’s bodily injury or death.  Where an “accident” within the meaning of Article 17(1) has occurred, Article 21(1) provides that the airline is strictly liable for provable damages not exceeding … More Airline’s liability for injury caused by fellow passenger limited by Montreal Convention

Passenger price-fixing case dismissed on subject matter jurisdiction grounds

November 2, 2009

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

Shipper’s cargo damage complaint held adequate under Montreal Convention

August 20, 2009

UPS Supply Chain Solutions, Inc. v. American Airlines, Inc. (N.D. Ill. Aug. 14, 2009).  For a cargo damage claim, Article 31(2) of the Montreal Convention requires that “the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage,” and, at the latest, within 14 days from the date of … More Shipper’s cargo damage complaint held adequate under Montreal Convention

Massachusetts judges part ways on scope of ADA preemption in skycap tips cases

August 16, 2009

Travers v. JetBlue Airways Corporation (D. Mass. July 23, 2009).  According to the plaintiff skycaps, JetBlue diverted tip revenue to itself by imposing a $2 fee for each bag checked by a passenger at the curbside.  The skycaps claimed that their compensation, most of which took the form of tips, had decreased substantially because few … More Massachusetts judges part ways on scope of ADA preemption in skycap tips cases

Plaintiff avoids preemptive effect of Montreal Convention by court’s holding that claims are for non-performance, not delay

July 29, 2009

Mullaney v. Delta Air Lines, Inc. (S.D.N.Y. June 3, 2009).  According to the plaintiff, Delta canceled his return flight from Paris to New York due to a strike by employees of Air France (Delta’s codeshare partner) and breached its written promise to reimburse customers who booked substitute flights on other airlines.  In his class action … More Plaintiff avoids preemptive effect of Montreal Convention by court’s holding that claims are for non-performance, not delay

Legacy carriers battle over New York sales employee

June 16, 2009

American Airlines, Inc. v. Imhof and Delta Airlines, Inc. (S.D.N.Y. June 3, 2009).  After 22 years as an American employee, the managing director of the airline’s New York Sales Division resigned to accept a similar job with Delta.  During the weeks before he resigned, he copied various documents relating to American’s business, including a PowerPoint … More Legacy carriers battle over New York sales employee

Passenger’s second visit to Fifth Circuit yields additional baggage damages but no attorneys’ fees

May 31, 2009

Muoneke v. Compagnie Nationale Air France (5th Cir. Tex. May 12, 2009).  In 2004, the passenger traveled from Texas to Nigeria on Air France’s flights.  During a change of aircraft in Paris, Air France personnel required that the passenger check the baggage she had carried onto the prior flight.  The passenger claimed that when she … More Passenger’s second visit to Fifth Circuit yields additional baggage damages but no attorneys’ fees

Airline passenger “Bill of Rights” legislation resurrected

April 26, 2009

On January 12, 2009, Senator Barbara Boxer reintroduced the Airline Passenger Bill of Rights Act with co-sponsor Senator Olympia Snowe.  Senator Boxer had introduced a similar bill in 2007, with Senator Snowe as its co-sponsor, but it was not enacted.  The pending bill, S. 213, has been referred to the Committee on Commerce, Science and … More Airline passenger “Bill of Rights” legislation resurrected