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Bodily Injury Airlines

Holland & Knight LLP

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

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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

Benesch

Mental Distress for Airline Lawyers - The Sixth Circuit's Decision in Doe v. Etihad

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In Doe v. Etihad Airways, P.J.S.C., the U.S. Court of Appeals for the Sixth Circuit radically altered the scope of an air carrier’s liability under the Montreal Convention, the international treaty controlling an air...more

Benesch

Northern District of California Dismisses Claim Against Lufthansa

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In Wendelberger v. Deutsch Lufthansa AG, No. 18-cv-01055, 2018 U.S. Dist. LEXIS 88532 (N.D. Cal. May 25, 2018), the Northern District of California recently dismissed a claim against Deutsch Lufthansa AG (“Lufthansa”) on the...more

Benesch

Montreal Convention Liability Could Be Expanding – What You Need To Know

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A United States Court of Appeals radically altered the scope of an air carrier’s liability under the Montreal Convention, the international treaty controlling an air carrier’s liability for damages to persons or property...more

The Volkov Law Group

United’s Crisis Mismanagement and Corporate Culture

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We were all aghast at the spectacle on the United Airlines last week when a customer was dragged off a plane when he refused to give up his seat because of an overbooking. No one can underestimate the power of real-time video...more

Searcy Denney Scarola Barnhart & Shipley

Are there any friendly skies out there? — Man dragged down the aisle

Do you remember the good ol’ days of flying when there was a semblance of regulation over the airline industry? Customer service back then was a reality. Seating space fit for humans actually existed on planes. There...more

Holland & Knight LLP

No Article 17 Accident in Passenger Slip-and-Fall

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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

Holland & Knight LLP

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

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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

Holland & Knight LLP

Eleventh Circuit Affirms Dismissal of Injury Claim in Airline Bumping Case

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The ruling by the U.S. Court of Appeals for the Eleventh Circuit in Campbell v. Air Jamaica, Ltd. is a favorable one for the aviation industry. The court confirmed that non-economic damages, including emotional distress and...more

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