Airlines

Michael Wukoschitz's picture

U.S. Supreme Court refuses to hear appeal in West Caribbean Airways crash case

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 West Caribbean Airways crash in Venezuela during a flight from Panama to Martinique had claimed that their suit against the air carrier was improperly dismissed because it left them without a forum to litigate the case.

Michael Wukoschitz's picture

Canada: Ontario Superior Court of Justice decides on Montreal Convention exclusivity

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 collision avoidance system target on the flight’s navigational display. The Captain apprised the First Officer of this traffic.

Michael Wukoschitz's picture

Australia: Supreme Cout of Queensland decides in 'cramped' air passenger case

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 seats reclined the entire flight. In the leg room space that would otherwise have been fully available to the plaintiff below the seat immediately in front of him, there was positioned an audio-visual box occupying part of that space.

Michael Wukoschitz's picture

USA: DOT fines United Airlines USD 1.1 million for lengthy tarmac delays

The U. S. Department of Transportation (DOT) on Oct. 25, 2013, fined United Airlines USD 1.1 million for lengthy tarmac delays that took place at Chicago-O’Hare International Airport on July 13, 2012.   The airline was ordered to cease and desist from future violations of the tarmac-delay rule. This is the largest fine assessed for a tarmac-delay violation since the rule limiting long tarmac delays first took effect in April 2010.

Michael Wukoschitz's picture

USA: Appelate court decides on angry passenger's Facebook and Twitter posts about an airline employee

An operations agent employed by Southwest Airlines brought an action against a passenger for posting allegedly false and defamatory statements on Twitter and Facebook regarding actions taken by agent when passenger attempted to board a flight. The plaintiff alledged that the defendant knowingly and intentionally, or in the alternative, with reckless disregard for the veracity of her statements had stated that she had been treated in a very impolite way when she wnated to board the aircraft togehter with her four-year-old daughter.

Michael Wukoschitz's picture

UK: Court of Appeal clarifies "accident" according to Article 17 of the Montreal Convention

 The plaintiff had a history of some gynaecological issues and she had been prone to recurrent symptoms suggestive of urinary infection, ie. cystitis. She had treated herself and had bought "over the counter" medication to take if she had an episode of it.  She had packed this medication in her main luggage before going on her flight from London Heathrow to Melbourne via Kuala Lumpur with the defandant carrier.  Before the plainitff boarded the aircraft she urinated normally at about 9pm.

Michael Wukoschitz's picture

USA: DOT fines Virgin America for failing to make safety videos accessible to passengers with hearing impairments

The U.S. Department of Transportation (DOT) fined Virgin America USD 150,000 for failing to make its in-flight safety video accessible to passengers with hearing impairments.  The airline also was ordered to cease and desist from further violations.

Michael Wukoschitz's picture

German Supreme Court: "bird strike" constitutes "extraordinary cicumstances"

In judgements issued yesterday in two parallel cases, the German Supreme Court (BGH) has held that a bird strike constitutes extraordinary circumstances and thus exempts the air carrier from the obligation to pay compensation to the passengers in case of a cancellation or a long delay if the air carrier can prove that it had taken all reasonable measures to avoid the cacellation or delay. The Supreme Court argued that bird strikes were unforeseeable and unforstallable events for air carriers.

Michael Wukoschitz's picture

Germany: Supreme Court reconfirms compensation for missed connecting flight

In a recent judgment, the German Supreme Court (BGH) reconfirmed that passengers who miss their connecting flight due to a delay of the feeder are entitled to claim for compensation if they reach their final destination 3 hrs or more after their scheduled arrival. The plaintiffs had booked a flight from Miami to Düsseldorf via Madrid. As the departure in Miami was delayed for 01:20 hrs they arrived in Madrid too late to catch their connecting flight to Düsseldorf. They were rebooked to another flight and reached Düsseldorf with a delay of 07:30 hrs.

Michael Wukoschitz's picture

Canada: CTA orders Air Canada and Porter Airlines to revise domestic tariff provisions

In two separate decisions of Aug. 29, 2013, the Canadian Transportation Agency (CTA) ordered Air Canada and Porter Airlines to revise certain domestic tariff provisions. A tariff is the contract between the carrier and the passenger which contains an air carrier’s terms and conditions of carriage. Tariff provisions are enforceable by the CTA.

Pages

X