Blogs about: Preemption Treaty
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Plaintiff avoids preemptive effect of Montreal Convention by court’s holding that claims are for non-performance, not delay
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 code… more →
The NV Flyer
Plaintiff avoids preemptive effect of Montreal Convention by court’s holding that claims are for non-performance, not delay
Kenneth Nankin wrote 4 months ago: Mullaney v. Delta Air Lines, Inc. (S.D.N.Y. June 3, 2009). According to the plaintiff, Delta cancel … more →
Court analyzes definition of “international carriage” under Montreal Convention
Kenneth Nankin wrote 9 months ago: Jones v. USA 3000 Airlines (E.D. Mo. Feb. 9, 2009). During a flight from St. Louis to Jamaica, a fl … more →
Court’s narrow view of Montreal Convention preemption results in remand to state court
Kenneth Nankin wrote 10 months ago: Narkiewicz-Laine v. Scandinavian Airlines Systems (N.D. Ill. Sept. 12, 2008). In his state court co … more →
Court rules on summary judgment motions in charter flights class action
Kenneth Nankin wrote 1 year ago: In re Nigeria Charter Flights Contract Litigation (E.D.N.Y. Oct. 25, 2007). In 2002, World Airways, … more →
Montreal Convention inapplicable where injured passenger unable to prove that airline regarded multi-airline carriage as "single operation"
Kenneth Nankin wrote 1 year ago: Kruger v. United Air Lines, Inc. (N.D. Cal. Nov. 1, 2007). While waiting on a jetway to board a fli … more →
Warsaw Convention preempts passenger tort claim against airline
Kenneth Nankin wrote 1 year ago: Small v. America West Airlines, Inc. (D.N.J. Oct. 30, 2007). The passenger alleged that the airline … more →
Passengers' state law seating and routing claims held preempted
Kenneth Nankin wrote 2 years ago: Onwuteaka v. Northwest Airlines, Inc. and KLM Royal Dutch Airlines (S.D. Tex. May 10, 2007). The pa … more →
Airline's liability limited even for baggage checked against passenger's will
Kenneth Nankin wrote 2 years ago: Booker v. BWIA West Indies Airways Limited (E.D.N.Y. May 8, 2007). After the passenger had boarded … more →
Airline's summary judgment motion under the Warsaw Convention denied because passenger had not been "embarking"
Kenneth Nankin wrote 2 years ago: Dick v. American Airlines, Inc. (D. Mass. Mar. 12, 2007). The international travel itinerary of the … more →
Airline obtains summary judgment in offended passenger case
Kenneth Nankin wrote 2 years ago: Maduro v. American Airlines, Inc. (Virgin Islands Super. Feb. 26, 2007). During a layover in Puerto … more →
Passenger's backpack beaning lawsuit survives airline's motion to dismiss
Kenneth Nankin wrote 2 years ago: Kruger v. United Airlines, Inc. (N.D. Cal. Mar. 1, 2007). While waiting on a jetway to board a flig … more →
Montreal Convention eats passenger's breakfast claim
Kenneth Nankin wrote 2 years ago: Knowlton v. American Airlines, Inc. (D. Md. Jan. 31, 2007). The passenger’s ticket for intern … more →
Tardy passengers' state common law "bumping" claims held preempted
Kenneth Nankin wrote 2 years ago: Igwe v. Northwest Airlines, Inc. and KLM Royal Dutch Airlines (S.D. Tex. Jan. 4, 2007). Because the … more →
Passenger state law claims preempted by Montreal Convention
Kenneth Nankin wrote 3 years ago: Malek v. Societe Air France (N.Y. City Civil Ct. Sept. 8, 2006). Due to a late-arriving flight, the … more →
Passenger state law claims preempted by Warsaw Convention
Kenneth Nankin wrote 3 years ago: Mbaba v. Societe Air France, 457 F.3d 496 (5th Cir. (Tex.) July 25, 2006). At a layover in Paris, t … more →
