We are sometimes asked about the application of the Montreal Convention to personal injury cases involving air travel, particularly with our air carrier clients. This article is a short primer on the Convention and a...more
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
Limits on air carrier liability for international accidents has been with us since the adoption of the Warsaw Convention in 1929. One of the flaws in the original Warsaw Convention of 1929 was that there was no regular...more
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
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
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
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
In AGCS Marine Ins. Co. v. Geodis Calberson Hungaria Logisztikai KFT, No. 16-CV-9710 (S.D. N.Y. 2017), the Southern District of New York recently held that a contracting carrier’s claims for contribution and indemnification...more
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
Recently, airlines have been subject to intense public scrutiny over several high-profile incidents over alleged mistreatment of passengers. These reports are not limited to one particular incident where a customer was...more
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