The NV Flyer

Recent Posts from The NV Flyer

• Court dismisses passenger price-fixing case on subject matter jurisdiction grounds

  McLafferty v. Deutsche Lufthansa A.G. et al. (E.D. Pa. Oct. 16, 2009).  In her class action complaint, the plaintiff alleged that Lufthansa, Air France, KLM and Alitalia had engaged in price fixing in violation of…

• Shipper’s cargo damage complaint held adequate under Montreal Convention

  UPS Supply Chain Solutions, Inc. v. American Airlines, Inc. (N.D. Ill. Aug. 14, 2009).  For a cargo damage claim, Article 31(2) of the Montreal Convention requires that “the person entitled to delivery must complain to…

• Massachusetts judges part ways on scope of ADA preemption in skycap tips cases

  Travers v. JetBlue Airways Corporation (D. Mass. July 23, 2009).  According to the plaintiff skycaps, JetBlue diverted tip revenue to itself by imposing a $2 fee for each bag checked by a passenger at the…

• 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 codeshare…

• Legacy carriers battle over New York sales employee

  American Airlines, Inc. v. Imhof and Delta Airlines, Inc. (S.D.N.Y. June 3, 2009).  After 22 years as an American employee, the managing director of the airline’s New York Sales Division resigned to accept a similar…

• Passenger’s second visit to Fifth Circuit yields additional baggage damages but no attorneys’ fees

  Muoneke v. Compagnie Nationale Air France (5th Cir. Tex. May 12, 2009).  In 2004, the passenger traveled from Texas to Nigeria on Air France’s flights.  During a change of aircraft in Paris, Air France personnel…

• Airline passenger “Bill of Rights” legislation resurrected

  On January 12, 2009, Senator Barbara Boxer reintroduced the Airline Passenger Bill of Rights Act with co-sponsor Senator Olympia Snowe.  Senator Boxer had introduced a similar bill in 2007, with Senator Snowe as its co-sponsor,…

• Appeals court upholds temporary injunction against frequent flyer mileage brokers

  Frequent Flyer Depot, Inc., George Pirkle and Robert Pirkle v. American Airlines, Inc. (Tex. Ct. App. Feb. 26, 2009).  American’s AAdvantage frequent flyer program prohibits the purchase or sale of the program’s mileage credit or…

• Court analyzes definition of “international carriage” under Montreal Convention

  Jones v. USA 3000 Airlines (E.D. Mo. Feb. 9, 2009).  During a flight from St. Louis to Jamaica, a flight attendant allegedly pushed a service cart into the passenger’s knee, causing damage to the passenger’s…

• Court’s narrow view of Montreal Convention preemption results in remand to state court

  Narkiewicz-Laine v. Scandinavian Airlines Systems (N.D. Ill. Sept. 12, 2008).  In his state court complaint, the passenger claimed that (i) the airline’s delay of a certain international flight in March 2008 caused him to miss…