North America

Michael Wukoschitz's picture

USA: no unjust enrichment through limited validity of airline gift cards

Plaintiffs purchased gift cards for air travel and services on Continental’s airline. The gift card had a one year expiration date and when the donee attempted to utilize the gift card after its expiration date, Continental refused to honor it. Plaintiffs filed a class action lawsuit against Continental asserting claims that allege violations of Ohio’s Gift Card Statute and the Ohio  Consumer Sales Practices Acts and also containing a claim for unjust enrichment.

Michael Wukoschitz's picture

USA: local tolling rules do not apply to the limitation period of the Montreal Convention

In Duay v. Continental Airlines, Inc. (S.D. Tex. Dec. 21, 2010) the plaintiff, a Swiss citizen, when arriving in Texas on a Continental flight from Switzerland on December 2, 2007 discovered that his custom-fitted wheelchair had been damaged. He was provided with a replacement wheelchair which he claims did not fit his body properly and caused him skin irritation. On December 17, 2007, after having returned to Switzerland, the plaintiff attended a doctor’s appointment.

Michael Wukoschitz's picture

USA: Delta fined for non-compliance with Air Travelers with Disabilities Rules

The U.S. Department of Transportation (DOT) imposed a civil penalty of USD 2 million on Delta Air Lines for violating rules protecting air travelers with disabilities. The DOT's investigation had revealed many violations of the requirement to provide assistance getting on and off the airplane as well as frequent failures to provide an adequate written response to disability complaints from passengers.

Michael Wukoschitz's picture

USA: third attempt to introduce Air Passenger Bill of Rights

Rep. Congressman Mike Thompson, D-California, announced to introduce an "Air Passenger Bill of Rights of 2011" which would require all airlines to provide water, food, working toilets, ventilation and the option for passengers to deplane if there is an extended delay. The bill would not be limited to domestic flights but also apply to all carriers flying in or out of the country, including non-U.S.-based airlines. This is the third time Thompson has introduced this legislation. The previous two bills failed to get off the ground.

Michael Wukoschitz's picture

USA: claims in Adam Air litigation dismissed under "forum non convenines" doctrine

Flight DHI 574 of Adam SkyConnection Airlines (“Adam Air”) crashed off the coast of Indonesia in 2007. Adam Air ceased operation in 2008. The representatives of 52 of the 102 decedents filed three cases which were consolidated in a multidistrict litigation (MDL) before the US District Court for Northern District of Illinois.

The court applied the traditional forum non conveniens analysis to determine

Michael Wukoschitz's picture

USA: DHS not obliged to disclose air traveler security images

The Electronic Privacy Information Center (EPIC) sued the federal government over the body scanner images taken at security checkpoints in airports. The center wanted the government to release images which were created to give officials at the Transportation Security Administration an idea of the effectiveness of its detection technology. The center thus wanted to determine how the technology would impact privacy and civil liberty concerns.

Michael Wukoschitz's picture

Canada: Sabre law suit against IATA rejected

The plaintiffs Sabre Inc. and Sabre International Inc. claimed damages and other relief from the International Air Transport Association (“IATA”) for breach of confidence, in respect of booking related data provided by Sabre to the Billing and Settlement Plan for Canada/Bermuda (“Canada/Bermuda BSP”) and to the other Billing and Settlement Plans (the “Other BSPs”) in other jurisdictions. The claim relates to PaxIS, an airline industry business intelligence product based in part on ticketing data that IATA collects and processes through its billing and settlement plans (BSP).

Michael Wukoschitz's picture

USA: White House eases Cuba travel restrictions

The Obama administration last Friday eased restrictions on travel to Cuba. The changes allow Americans to travel to Cuba by academic, religious and cultural groups and also allow charter flights from more American airports. Moreover, the new measures permit Americans to send money to Cuban citizens. However, the embargo against the communist government will remain.

Source: The New York Times; find article here>>.

Michael Wukoschitz's picture

USA: Federal Agencies to hold bed bug summit in February

As bed bugs have infested hotels across the country, the Federal Government is convening a second national bed bug summit on February 1 and 2, 2011. The goal for this summit is to review the current bed bug problem and identify and prioritize further actions to address the problem.

Source: EPA; find more information here>>.

Pamella Seay's picture

US Passport Application to Change in February

The State Department has announced that it will roll out new US passport applications in February.  According to the State Department website, these new passport forms will be available beginning February 1, 2011. Before February 1, submit your passport application using the current form .  The new forms should be used for all applications submitted on or after February 1. Travel.State.Gov and all passport facilities will make the new forms available on February 1, 2011.

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