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On Dec. 9, 2013, the U.S. Supreme Court has denied a request to review an Eleventh Circuit Court of Appeals ruling that affirmed the order of a Florida federal court refusing to vacate its November 2007 dismissal of a wrongful-death and strict-liability suit on forum non conveniens grounds. The heirs to victims of a 2005 […]

On January 14, 2011, Ashlyn O’Hara was a passenger on Air Canada Flight AC878 from Toronto to Zurich. During the flight, the First Officer went to sleep for approximately 75 minutes. When the First Officer awoke, the Captain informed him that a United States Air Force Boeing C-17 had appeared as a traffic alert and

In April 2003, the plaintiff stayed at the defendant’s hotel. When using the shower she caught a legionella infection which led into a pneumonia. The reason for the contamination of the bathing water was an insufficient circulation speed which made the water cool down to a temperature that stimulated the reprduction of legionella bacteria. Up

The plaintiff, a general medical practitioner, claimed damages for personal injuries allegedly sustained whilst travelling on an international flight between Australia and the United States of America on 9 December 2008. He alledged that his seat did not fully recline and that the passengers seated in the row immediately in front of him kept their

Court – personal jurisdiction over foreign common carrier In an en banc decision, with three judges dissenting, the US Court of Appeals for the Ninth Circuit ruled that sale of a ticket of passage on a foreign common carrier by a US agent was sufficient to sustain personal jurisdiction over the foreign common carrier in

“Fáilte Ireland” is the National Tourism Development Authority of Ireland. The authority was established under the National Tourism Development Authority Act of 2003. Fáilte Ireland has sub-contracted its accommodation registration assessment and classification functions to Tourist Accommodation Management Services Ltd (TAMS). An article by Mason Hayes & Curran published Dec. 3, 2013 on “Lexology” provides

The IFTTA Law Review 3-2013 is now available in the members area of the IFTTA website. It includes an article by Paul Edelman on “The Athens Convention as applied in the United States and abroad to cruise line accident litigation”, a report on IFTTA’s 24th Conference in Prague by Klaus Tonner as well as court

Travel Agents Repeal Bills were introduced into parliament on 13 November 2013 (Victoria) and on 14 November 2013 (New South Wales). The other states and territories are in to process of repealing their Travel Agents Acts. The States and Territories are repealing their Travel Agents Acts following upon the Travel Industry Transition Plan which they

The case relates to an accident suffered by the plaintiff when on holiday in Barbados in September 2008. She had gone onto the balcony of her hotel room to read a book, closingbehind her the sliding glass balcony doors. When the telephone in her room rang a short time later, she got up from her

The plaintiffs, domiciled in Bludesch (Austria), booked and paid for themselves, as private individuals, a package holiday to Egypt on the website of a German online travel agent. The OTA, a company whose registered office is in Munich (Germany), stated that it acted as the travel agent and that the trip would be operated by