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Flying with COVID-19: Navigating Potential Passenger Claims Against Airlines

On March 16, 2020, a U.S. carrier was held before takeoff at JFK International Airport in New York after a passenger alerted flight attendants that they were exposed to someone who had tested positive for coronavirus. The...more

Montreal Convention Limits of Liability Increased

The Montreal Convention governs the rights and liabilities of parties for claims arising during international carriage between State Parties. Specifically, Articles 21 and 22 of the Convention set forth limits of liability...more

Court Finds MC’s “Fifth Jurisdiction” Requires Physical Presence by Airline in Forum State

In Erwin-Simpson v. AirAsia Berhad, __ F. Supp. 3d __, No. 18-cv-00083 (CRC), 2019 WL 1317337 (D.D.C. Mar. 22, 2019), the court dismissed personal injury claims by a passenger and her husband arising from spilled boiling...more

Court Orders Remand of Cases Arising from Airline Accident in Mexico

In Garcia v Aerovias de Mexico, S. A., the district court remanded all but two actions among 14 that had been removed to federal court on diversity of jurisdiction and federal question grounds. The cases arose from the failed...more

MDL Court Dismisses Malaysia Airlines Flight MH370 Cases on FNC Grounds

On Nov. 21, 2018, multidistrict litigation (MDL) Judge Ketanji Brown Jackson dismissed all pending wrongful death cases arising from the disappearance of Flight MH370 on forum non conveniens (FNC) grounds. The court concluded...more

Petition for Rehearing Denied in Doe v. Etihad Airways, P.J.S.C.

On Oct. 6, 2017, the U.S. Court of Appeals for the Sixth Circuit denied the airline's petition for rehearing and rehearing en banc in Doe v. Etihad Airways, P.J.S.C. As discussed in our previous post on this case, the panel...more

Rehearing Sought of Sixth Circuit’s Montreal Convention Holding on Recoverability of Mental Injuries

Defendant-appellee Etihad Airways recently petitioned the U.S. Court of Appeals for the Sixth Circuit for panel rehearing and rehearing en banc of Doe v. Etihad Airways, P.J.S.C., a decision by a panel of that court that...more

Trump Administration Could Ratify Montreal Protocol 2014 Addressing Unruly Airline Passengers

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

No Article 17 Accident in Passenger Slip-and-Fall

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

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

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