News & Analysis as of

Montreal Convention

Aviation Happenings - Spring 2017

The Spring 2017 edition of the Aviation Group’s newsletter examines some of the most recent and relevant cases and developments in aviation law, including: - Air Carrier Not Responsible for Rancid Cheese Under Montreal...more

Aviation Happenings - Winter 2016-2017

Part 1 of 2 of the winter edition of the Aviation Group’s newsletter examines some of the most recent and relevant cases and developments in aviation law, including: - Court Dismisses State Law Negligence Claim Against...more

Sustainable growth in the Middle East

by DLA Piper on

2016 saw the international community finally reach agreement for collective action on climate change with the rapid ratification and entry into force of the Paris Agreement. Micael Johnstone and Maher Ghanma assess the...more

Drone strikes - a look at liability

by DLA Piper on

The drones market is soaring. Some have likened the growth of the drone market to the growth of the internet in the 1990s and there is no doubt about it: drones are revolutionary, and they are here to stay. However, like the...more

Carbon Matters - Autumn/Winter 2016/2017

by DLA Piper on

The Annual United Nations Climate Change Conference took place in Morocco against a backdrop of optimism and international agreement to move forward towards a low carbon economy – a signi cant shift from previous conferences...more

Trump Administration Could Ratify Montreal Protocol 2014 Addressing Unruly Airline Passengers

by Holland & Knight LLP on

Unruly passenger incidents on commercial aircraft are an endemic problem for the airline industry. Such incidents threaten the safety and security of all on board, disrupt operations and result in significant economic losses...more

Aviation Happenings - Winter 2016

Court Holds that Seating a Passenger Behind an IFE Box Does Not Constitute Montreal Convention “Accident” - The United States District Court for the Eastern District of Pennsylvania recently held that seating a...more

Eastern District of Pa. Again Recognizes Montreal Convention Exclusively Governs Claims

by Blank Rome LLP on

Action Item: Until there is appellate resolution of the preemptive effect of the Montreal Convention, airlines sued in state court over damages allegedly arising during the course of international transportation should...more

Seventh Circuit Affirms Dismissal of EU 261 Claims - Direct Claims Under EU 261 Are Only Actionable in EU Member States

by Holland & Knight LLP on

The ruling by the U.S. Court of Appeals for the Seventh Circuit in Volodarskiy v. Delta Airlines, Inc. follows numerous District Court opinions holding that EU 261 does not provide a right of action enforceable outside the EU...more

No Article 17 Accident in Passenger Slip-and-Fall

by Holland & Knight LLP on

In Vanderwall v. United Airlines, Inc., __ F. Supp. 3d __, 2015 WL 309094 (S.D. Fla. Jan. 26, 2015), a federal district court in Florida granted summary judgment to the airline dismissing personal injury claims by a passenger...more

Court Rules on “Principal and Permanent Residence” Under MC Article 33

by Holland & Knight LLP on

In personal injury or death cases, Article 33 of the Montreal Convention provides five jurisdictions in which an action against the airline can be brought: (1) an air carrier’s place of domicile; (2) an air carrier’s...more

Treaty Preempts Discrimination and Contract Claims From Seat Assignment Dispute - Although the Complaint Did Not Plead a Montreal...

by Holland & Knight LLP on

The U.S. District Court for the District of Columbia granted an airline's pre-answer motion to dismiss a passenger's discrimination and breach of contract claims arising from the airline's alleged failure to assign the...more

Case Update: Dawson V Thomson Airways Limited1

by DLA Piper on

Lessons on the interplay between the EC Regulation 261/2004 and the Montreal Convention 1999 relearnt - Court of Appeal confirms limitation under EC Regulation 261/2004 to be determined in accordance with domestic law...more

Narayanan v. British Airways: Ninth Circuit Says the Montreal Convention’s Statute of Limitations May Begin to Run Before Claim...

by Morrison & Foerster LLP on

On March 19, 2014, the Ninth Circuit issued its ruling in Narayanan v. British Airways, No. 11-55870 (9th Cir. 2014), holding that the two-year statute of limitations set forth in Article 35(1) of the Montreal Convention...more

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