Climate control technology is increasingly a focal part of modern society’s expectation to have sophisticated supply chains, particularly relating to perishable items such as pharmaceuticals, raw products, and food. ...more
The limitation of liability for cargo that is lost or damaged during international air transportation will increase on December 28, 2024, from 22 Special Drawing Rights (“SDRs”) per kilogram to 26 SDRs per kilogram....more
Air carrier liability has been governed by international convention nearly since the inception of the technology. In 1903, the Wright Brothers infamously conducted powered flight at Kitty Hawk. In 1919, the first reported...more
In the latest attack on per- and polyfluoroalkyl substances (PFAS), a recent report issued by the environmental group, Toxic-Free Future (TFF), seeks to link PFAS utilized in the manufacture of food packaging to the release...more
In affirming the dismissal of a lawsuit against Pillsbury’s client, AirAsia, the D.C. Circuit overruled its prior precedent that a company’s website could be sufficient to support general jurisdiction. A company’s internet...more
In an opinion issued on January 15, 2021, the Circuit Court for Cook County, Illinois dismissed an attempted class action lawsuit seeking refunds for flights canceled by Interjet Airlines....more
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
Class action plaintiffs lawyers have reacted to the COVID-19 pandemic by filing putative class actions against airlines which, in order to conserve desperately needed cash, are offering travel credits in lieu of cash refunds...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
On December 28, 2019, the limitation of liability for cargo lost or damaged during international air transportation between countries that are signatories to the Montreal Convention (the “Convention”) will increase from 19...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
In Garcia v Aerovias de Mexico, S. A., the district court remanded all but two actions among 14 that had been removed to federal court on diversity of jurisdiction and federal question grounds. The cases arose from the failed...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 Indemnity Ins. Co. of N. Am. v. Agility Logistics Corp., 2018 U.S. Dist. LEXIS 104179 (S.D.N.Y.), the United States District Court for the Southern District of New York considered the “novel question” of whether the...more
The U.S. District Court for the Southern District of New York recently addressed a novel question concerning inspection costs under the Montreal Convention (MC). In Indemnity Ins. Co. of N. Am. v. Agility Logistics Corp.,...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 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
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
On Oct. 6, 2017, the U.S. Court of Appeals for the Sixth Circuit denied the airline's petition for rehearing and rehearing en banc in Doe v. Etihad Airways, P.J.S.C. As discussed in our previous post on this case, the panel...more
In Doe v. Etihad Airways, No. 16-1042 (6th Cir. Aug. 30, 2017), the United States Court of Appeals for the Sixth Circuit radically altered the scope of an air carrier’s liability under the Montreal Convention, the...more
Defendant-appellee Etihad Airways recently petitioned the U.S. Court of Appeals for the Sixth Circuit for panel rehearing and rehearing en banc of Doe v. Etihad Airways, P.J.S.C., a decision by a panel of that court that...more