January 2011
Tran Enterprises, LLC v. DHL Express (USA), Inc. (5th Cir. Jan. 3, 2011) – allegations: carrier failure to remit COD checks to shipper; issues: Carmack Amendment preemption of state common law and statutory claims, contract of carriage limitation of liability.
All Continents Travel, Inc. v. MB Travel Corporation (C.D. Cal. Jan. 3, 2011) – allegations: misappropriation of customer list, predatory hiring of personnel; issues: violation of Uniform Trade Secrets Act, intentional inteference with contract and prospective economic advantage, unfair business practices.
Glass v. Northwest Airlines, Inc. (W.D. Tenn. Jan. 4, 2011) – allegations: customer injury from fall down airport escalator; issues: negligence/duty of care, negligence per se/Air Carrier Access Act, breach of contract.
Luna v. American Airlines (S.D.N.Y. Jan. 6, 2011) – allegations: passenger consumption of meal containing lizard and insect pieces; issues: contractual and common law indemnification claims against third party defendant food supplier.
S.M.N. v. Hageland Aviation Services, Inc. (D. Alaska Jan. 11, 2011) – allegations: customer injury from fall from parked aircraft; issues: removal, subject matter jurisdiction, Federal Aviation Regulations, standard of care, preemption.
Sabre Inc. v. International Air Transport Association (Ontario Superior Ct. Jan. 11, 2011) – allegations: IATA use of booking data provided by Sabre; issue: breach of contractual confidentiality provisions.
Travelscape, LLC v. South Carolina Department of Revenue (S.C. Jan. 18, 2011) – allegations: online travel company sales tax liability; issues: accommodations taxes based on gross proceeds received, Commerce Clause.
Fuondjing v. American Airlines, Inc. (D. Md. Jan. 19, 2011) – allegations: delay in international transportation of passengers; issues: Montreal Convention preemption of state common law contract and tort causes of action, complete v. conflict preemption, delay v. nonperformance of contract of carriage, punitive damages.
ATA Airlines, Inc. v. Federal Express Corp. (S.D. Ind. Jan. 24, 2011) – allegations: breach of contract (jury awarded ATA over $65 million in compensatory damages); issues: computation of prejudgment interest under Tennessee law and postjudgment interest under 28 U.S.C. § 1961.
Richard v. US Airways, Inc. (E.D. Pa. Jan. 26, 2011) – allegations: passenger injured when struck on head by fellow passenger’s carry-on luggage; issues: personal jurisdiction, waiver of personal jurisdiction defense.
Hester v. Vision Airlines, Inc. (D. Nev. Jan. 26, 2011) – allegations: airline failure to remit hazard pay to pilots operating aircraft in Iraq and Afghanistan; issues: unjust enrichment (jury awarded pilots over $5 million in damages and interest), striking of answer and entry of default for discovery abuses.
Schultz v. United Airlines, Inc. (W.D. Wash. Jan. 28, 2011) – allegations: airline failure to transport baggage after customer’s payment of checked baggage fee; issues: preemption by Airline Deregulation Act, contract of carriage, standing.
February 2011
Tazoe v. Airbus S.A.S. (11th Cir. Feb. 1, 2011) – allegations: fatalities caused by aircraft accident in Brazil; issue: dismissal of complaints on forum non conveniens grounds.
Freese v. Continental Airlines, Inc. (6th Cir. Feb. 3, 2011) – allegations: passenger injured during flight; issues: statute of limitations, amendment of complaint to add new defendant, relation back under FRCP 15.
Young v. Carnival Corp. (S.D. Fla. Feb. 4, 2011) – allegations: cruise passenger injured during shore excursion; issues: actual and apparent agency relationships, duty to warn, obvious and apparent risks.
Center Capital Corp. v. PRA Aviation, LLC (E.D. Pa. Feb. 7, 2011) – allegations: secured creditor failed to sell repossessed aircraft in commercially reasonable manner; issues: Uniform Commercial Code, sale of collateral after default, breach of contract, breach of guaranty.
Chubb Insurance Company of Europe S.A. v. Menlo Worldwide Forwarding, Inc. (9th Cir. Feb. 10, 2011) – allegations: third party complaint by freight forwarder against carrier for indemnification and contribution; issue: applicability of Montreal Convention Article 35 two-year limit to actions for indemnification and contribution.
Goodspeed Airport LLC v. East Haddam Inland Wetlands & Watercourses Commission (2d Cir. Feb. 10, 2011) – allegations: airport sought relief establishing right to cut down trees on its property; issue: preemption of state wetlands protection statute by Airline Deregulation Act.
Demel v. American Airlines, Inc. (S.D.N.Y. Feb. 10, 2011) – allegation: airline lost checked baggage containing valuable work and personal videos and costumes; issue: enforceability of liability limitations in conditions of carriage.
Hernandez v. Spirit Airlines, Inc. (Cal. App. Feb. 17, 2011) – allegation: airline vicariously liable for actions of “rogue employee” who required bribe in order to rebook customer on later flight; issues: existence of triable issues as to negligence, intentional infliction of emotional distress and fraud causes of action.
