Customer’s early boarding fee claim eludes airline’s ADA preemption defense

January 23, 2021

Klutho v. Southwest Airlines Co. (E.D. Mo. Nov. 13, 2020).  In his state court class action complaint, the plaintiff alleged that Southwest had canceled his flight and rebooked him on another flight but did not refund the fee he had paid for “EarlyBird Check-In” on the canceled flight, requiring him to pay an additional fee … More Customer’s early boarding fee claim eludes airline’s ADA preemption defense

Airline prevails on “real party in interest” defense in EU 261 lawsuit brought by claims management company

December 8, 2020

Click 2 Refund Inc. v. British Airways Plc (C.D. Cal. Nov. 18, 2019).  EU 261’s robust compensation provisions have spawned a thriving industry of web-based “claims management companies” that offer to assist airline customers in obtaining recoveries for canceled or delayed flights on a “no win, no fee” basis.  One such company claims that it … More Airline prevails on “real party in interest” defense in EU 261 lawsuit brought by claims management company

Federal court approves “snap removal” by carrier forum defendant

November 9, 2020

Serafini v. Southwest Airlines Co. (N.D. Tex. Sept. 8, 2020).  The passenger/plaintiff commenced her personal injury lawsuit against Southwest in a Texas state court.  The next day, and before service had been effected, Southwest, a Texas citizen and the sole defendant, “snap removed” the case to federal court on the basis of diversity jurisdiction.  In … More Federal court approves “snap removal” by carrier forum defendant

Ninth Circuit affirms dismissal of customer’s claims arising from malware attack

October 10, 2020

McGarry v. Delta Air Lines, Inc. (9th Cir. July 17, 2020).  Through a malware attack, hackers accessed credit and debit card information, mailing addresses and other personal information of users of Delta’s website.  One user brought a class action complaint against Delta and [24]7, “a chat service that Delta retained to interact with customers through … More Ninth Circuit affirms dismissal of customer’s claims arising from malware attack

Federal court rejects tour operator’s ADA preemption defense in case involving river cruise

July 31, 2020

Hebert v. Vantage Travel Service, Inc. (D. Mass. Mar. 12, 2020).  According to the aggrieved passengers/plaintiffs, after their river cruise boat was disabled by a mechanical failure during a trip in Germany, the tour operator made unacceptable itinerary, lodging and dining changes, including providing a “cafeteria style buffet dinner at the hotel with food leftover … More Federal court rejects tour operator’s ADA preemption defense in case involving river cruise

Lost profits expert witness overcomes Daubert challenge in avionics theft case

February 24, 2020

Entourage Custom Jets, LLC v. Air One MRO, LLC (S.D. Fla. Feb. 20, 2020).  Burglars removed avionics equipment from an MD-87 in the possession of an MRO performing maintenance and upgrade work on the aircraft.  The aircraft’s owner and its subrogated insurer sued the MRO and its landlord, alleging breach of bailment, negligence and other … More Lost profits expert witness overcomes Daubert challenge in avionics theft case

Schengen Agreement argument fails to support customer’s refusal to transport claim

February 19, 2020

Gleissner v. Air China Airlines Limited (S.D.N.Y. Feb. 6, 2020).  For a flight from Barcelona to Vienna, Air China refused to allow a member of the plaintiff’s entourage to check in because she lacked a valid visa to enter Austria.  The ticketholder held a single-entry visa for the Schengen Area, an area in Europe that, … More Schengen Agreement argument fails to support customer’s refusal to transport claim

ADA preempts father’s claims against airline for allowing son to travel without parental permission

February 2, 2020

Edwards v. Southwest Airlines Co. (S.D. Ohio Jan. 28, 2020).  As a ruse, the plaintiff’s 14-year-old son asked his grandfather to go to Starbucks to get him a Frappuccino, according to the complaint.  With his grandfather out of the house, the teen headed to the Columbus airport, intent on boarding a Southwest flight to New … More ADA preempts father’s claims against airline for allowing son to travel without parental permission

D.C. Circuit upholds forum non conveniens dismissal in MH370 litigation

January 26, 2020

In re Air Crash Over the Southern Indian Ocean (D.C. Cir. Jan. 10, 2020).  In the multidistrict litigation in the U.S. District Court for the District of Columbia against Malaysian Airline System Berhad, Malaysia Airlines Berhad and other defendants arising out of the disappearance of flight MH370, the court granted the defendants’ motion to dismiss … More D.C. Circuit upholds forum non conveniens dismissal in MH370 litigation

Airline not liable to passenger for injury sustained while avoiding fast-moving flight attendant

January 19, 2020

Kopp v. Delta Airlines, Inc. (E.D. Ky. Dec. 26, 2019).  During a domestic flight, the passenger/plaintiff was standing in the aisle when a flight attendant came “rushing” toward her “at a high rate of speed,” according to the complaint.  The plaintiff alleged that, while trying to get out of the way, she caught her foot … More Airline not liable to passenger for injury sustained while avoiding fast-moving flight attendant