Legal Niches

Ninth Circuit affirms dismissal of customer?s claims arising from malware attack

Posted on October 10, 2020
McGarry v. Delta Air Lines, Inc. (9th Cir. July 17, 2020).  Through a malware attack, hackers accessed credit and debit card information, mailing addresses and other personal information of users of Delta?s website.  One user brought a class action complaint against Delta and [24]7, ?a chat service that Delta retained to interact with customers through … More Ninth Circuit affirms dismissal of customer?s claims arising from malware attack

Airline not liable for refusing to transport customer who lacked required travel documents

Posted on March 28, 2011
Reed v. Delta Airlines, Inc. (S.D.N.Y. Mar. 23, 2011).  The plaintiff and her dog, Blondie, arrived at John F. Kennedy International Airport to check in for their flight to Ghana.  Delta personnel informed the plaintiff that she lacked certain documents that Ghana required for Blondie to enter the country...

Race discrimination claim preempted by Warsaw Convention

Posted on March 08, 2011
Sewer v. LIAT (1974) Ltd. (D. Virgin Islands Feb. 16, 2011).  The plaintiff had purchased a ticket for a LIAT flight from the British Virgin Islands to Antigua.  The flight was overbooked, so airline personnel informed the plaintiff that he would have to take a later flight...

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

Posted on February 13, 2011
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 [...

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Court rules that Montreal Convention two-year limitation period not subject to tolling under local law

Posted on January 19, 2011
Duay v. Continental Airlines, Inc. (S.D. Tex. Dec. 21, 2010).  After arriving in Texas on a Continental flight from Switzerland, the plaintiff discovered at the baggage claim area that his custom-fitted wheelchair had been damaged.  Continental provided the plaintiff with a replacement wheelchair, which he used for the remainder of his trip in the United [...

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

Posted on January 04, 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 [...

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

Posted on 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 [...

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

Posted on 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 [...

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

Posted on December 05, 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. Until the last few years, airlines sustained significant revenue losses from ?bust-outs? by Airlines Reporting Corporation (ARC)-accredited [...

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

Posted on December 02, 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...

Court grants airline summary judgment in case involving passenger assault and false arrest claims

Posted on 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...

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

Posted on 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...

Court affirms airline?s right to make rule changes causing loss of accrued frequent flyer program mileage

Posted on 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...

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

Posted on 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 [...

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

Posted on August 03, 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...

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

Posted on August 02, 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...

Third Circuit upholds summary judgment for airline in overbooking case

Posted on June 06, 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...

Court limits airline?s liability to passenger under Montreal Convention for injury caused by fellow passenger

Posted on 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 [...

Court dismisses passenger price-fixing case on subject matter jurisdiction grounds

Posted on November 02, 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 [...

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

Posted on 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 [...

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

Posted on 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...

Legacy carriers battle over New York sales employee

Posted on 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 [...

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

Posted on 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...

Airline passenger ?Bill of Rights? legislation resurrected

Posted on 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...

Appeals court upholds temporary injunction against frequent flyer mileage brokers

Posted on March 08, 2009
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...

Court analyzes definition of ?international carriage? under Montreal Convention

Posted on February 28, 2009

Court?s narrow view of Montreal Convention preemption results in remand to state court

Posted on January 31, 2009
Narkiewicz-Laine v. Scandinavian Airlines Systems (N.D. Ill. Sept. 12, 2008).  In his state court complaint, the passenger claimed that (i) the airline?s delay of a certain international flight in March 2008 caused him to miss his connecting flight, and (ii) the airline refused to refund his ticket for an international flight scheduled for June 2006, [...

Court requires airline to disclose passenger contact information, but not employee contact information, in refusal to transport case

Posted on December 28, 2008
Nathaniel v. American Airlines (D. Virgin Islands Nov. 20, 2008).  According to the passenger, airline personnel forced her off the aircraft before the domestic flight and refused to transport her because they had determined ?she was too fat? and represented a safety ?hazard...

Court rules that it lacks subject matter jurisdiction in case against Spanish airline involving passenger in-flight death

Posted on November 02, 2008
Aikpitanhi v. Iberia Airlines of Spain (E.D. Mich. Mar. 31, 2008).  The plaintiffs? son died during an Iberia flight from Spain to Nigeria in 2007 while being deported.  The plaintiffs sued Iberia, alleging that Spanish law enforcement agents, by their conduct before and during the flight, caused the death of their son and that airline [...

Court holds that airline met applicable standard of care in disabled passenger slip and fall case

Posted on October 25, 2008
Elassaad v. Independence Air, Inc. (E.D. Pa. Aug. 20, 2008).  After a domestic flight, the passenger ?fell down the airplane?s stairway? while disembarking from the aircraft.  At the time of the fall, the passenger ?had an above-the-knee amputation of his right leg and relied on two crutches to walk? but did not use a wheelchair...

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