The NV Flyer

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Review of legal developments affecting airlines and travel agents.

Author: Kenneth Nankin is an attorney with Nankin & Verma, with offices in Washington, D.C. and Rockville, Md.

Blawg Related Categories: Aviation & Space Law • Tort Law • Injury & Accident Law • Solo / Small Firm

Recent Posts from The NV Flyer

Court denies passenger recovery against airline for loss of itinerant robot head
Hanson v. America West Airlines, Inc. (C.D. Cal. Mar. 29, 2008). Sometimes the truth is stranger than fiction or even science fiction. The passenger in this case, a roboticist, sued the airline for the loss…
Airline battles frequent flyer mileage brokers in federal court
Alaska Airlines, Inc. v. Carey (W.D. Wash. Apr. 15, 2008). The terms and conditions Alaska Airlines’ frequent flyer program, known as the Mileage Plan, prohibit its members from selling, purchasing or bartering miles or award…
Court holds that no implied ACAA private right of action exists
Wright v. American Airlines, Inc. (E.D. Mo. Mar. 3, 2008). The plaintiff filed suit for herself and her minor son against American, alleging that her son was injured because he was denied accommodations for his…
Court rules on summary judgment motions in charter flights class action
In re Nigeria Charter Flights Contract Litigation (E.D.N.Y. Oct. 25, 2007). In 2002, World Airways, Inc. and Ritetime Aviation and Travel Services, Inc. entered into a charter aircraft services agreement under which World agreed to…
Court declines to dismiss complaint in passenger heart attack case
Watts v. American Airlines, Inc. (S.D. Ind. Oct. 10, 2007). During a flight from Japan to Chicago in 2005, the passenger had a heart attack and died in a lavatory. He was discovered by cleaning…
Second Circuit grounds New York’s airline passenger “Bill of Rights”
Air Transport Association of America, Inc. v. Andrew Cuomo (2d Cir. (N.Y.) Mar. 25, 2008). New York’s airline passenger “Bill of Rights” required that airlines provide passengers with food, water, electricity and working restrooms during…
Court decisions highlight need to clarify important Agent Reporting Agreement provision
Westways World Travel, Inc. v. AMR Corp., American Airlines, Inc. et al. (9th Cir. (Cal.) Jan. 22, 2008). Despite consisting of over 70 pages, ARC’s Agent Reporting Agreement contains very few provisions that give airlines specific rights against…
Montreal Convention inapplicable where injured passenger unable to prove that airline regarded multi-airline carriage as “single operation”
Kruger v. United Air Lines, Inc. (N.D. Cal. Nov. 1, 2007). While waiting on a jetway to board a flight from San Francisco to Seattle, the passenger was inadvertently struck on the head by a…
Airline held liable to passenger for travel agent negligence
Rottman v. El Al Israel Airlines (N.Y. City Civil Ct. Jan. 14, 2008). The parties in this case reprised a battle that has been fought in many passenger cases over the years: whether a travel…
Airline obtains reversal of passenger jury verdict in refusal to transport case
Cerqueira v. American Airlines, Inc. (1st Cir. (Mass.) Jan. 10, 2008). As previously reported, in December 2003, American Airlines removed three passengers, a man of Portuguese national origin and two Israelis seated nearby, from an…