North America

Michael Wukoschitz's picture

U.S. Court: mental anguish compensable under Montreal Convention if it results from an accident that also caused bodily injury

Plaintiff Jane Doe and her eleven-year-old daughter flew aboard Etihad Airways from Abu Dhabi to Chicago. When she stuck her hand into the seat pocket in front of her, she was unexpectedly pricked by a hypodermic needle that lay hidden within. The needle drew blood from her finger.  Doe was prescribed medication for possible exposure to hepatitis, tetanus, and HIV, and she underwent several rounds of testing over the following year. Thankfully for Doe, all the tests came back negative.

Michael Wukoschitz's picture

USA: 9th Circuit Court of Appeal upholds block on "Travel Ban"

In a unanimous, per curiam ruling, a three-judge panel largely upheld the block on President Trump’s revised Travel Ban keeping people from six majority-Muslim nations from entering the United States for 90 days. The judges pointed out that although the Immigration and Nationality Act (“INA”) gives the President broad  powers to control the entry of aliens, and to take actions to protect the American public, immigration, even for the President, is not a one-person show. The President’s authority is subject to certain statutory and constitutional restraints .

Michael Wukoschitz's picture

U.S.A.: DOT fines airlines for not adequately responding to complaints of disabled passengers

The U.S. Department of Transportation (DOT) today fined Air France, Lufthansa, and British Airways for not adequately responding to complaints filed by passengers with disabilities.  Air France and Lufthansa were each fined USD 200,000 and British Airways was fined USD 150,000.  The airlines were also ordered to cease and desist from future similar violations.

Michael Wukoschitz's picture

USA: DOT reminds airlines on their obligations regarding damaged baggage

Following a routine airport inspection at 16 airports nationwide in a two week period in September 2015, the U.S. Department of Transportation issued a notice reminding airlines that they are required to compensate passengers for damage to wheels, straps, zippers, handles, and other protruding parts of checked baggage beyond normal wear and tear.  The notice also reminds airlines of their obligation to accept all reports of mishandled baggage from consumers even if an airline’s agent believes the airline is not liable.

Michael Wukoschitz's picture

USA: new DOT web page on Passenger Cruise Ship Information

To assist cruise ship passengers, the U.S. Department of Transportation has set up a web page sharing information and resources provided by other Federal agencies. The information covers "Consumer Assistance", "Vessel Safety", "Cruise Line Incident Reporting Statistics" and "Criminal Activity Prevention and Response Guide (Security Guide)". The new web page is available at http://www.dot.gov/mission/safety/passenger-cruise-ship-information.

Michael Wukoschitz's picture

Canada: denied boarding claim dismissed by Ontario Superior Court of Justice

The plaintiff booked a seven-day trip to Jamaica with WestJet. On September 18, 2011he was given a boarding pass for the outward flight when he presented his Canadian citizenship card at the airport. After a week in Jamica, he presented himself for boarding for the return flight but was denied baording because  he did not have a passport but only presented his Canadian driver's licence, health card and social insurance card. The plaintiff  protested, arguing that the citizenship card had been sufficient for him to travel to Jamaica.

Michael Wukoschitz's picture

USA: TSA announces tighter security measures at certain airports

The Department of Homeland Security (DHS) directed the Transportation Security Administration (TSA) to implement enhanced security measures in the coming days at certain overseas airports with direct flights to the United States. All electronic devices are screened by security officers. During the security examination, officers may also ask that owners power up some devices, including cell phones. Powerless devices will not be permitted onboard the aircraft. The traveler may also undergo additional screening.

Michael Wukoschitz's picture

USA: court finds 'No Fly List' unconstitutional

A federal judge in Orgeon struck down as unconstitutional the government’s procedures for people on the No Fly List to challenge their inclusion.

Daniel Zim's picture

US Department of Transportation Rule on Web Accessibility for Large Travel Firms Takes Effect

I published a blog on a new US Department of Transportation rule which requires certain travel companies to implement procedures aimed at ensuring that people with disabilities receive equal access to airfare information quoted online. Click here to view the article http://zimtravellaw.com/travel-blog

Daniel Zim's picture

US Department of Transportation Rule on Web Accessibility for Large Travel Firms Takes Effect

I published a blog on a new US Department of Transportation rule which requires certain travel companies to implement procedures aimed at ensuring that people with disabilities receive equal access to airfare information quoted online. Click here to view the article http://zimtravellaw.com/travel-blog

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