Author: Robert D. Alaimo

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Ninth Circuit Permits Baggage Delay Class Action To Continue Based on Breach of Contract

The Ninth Circuit recently reinstated a class action against US Airways for the return of baggage fees in the event of delay.1 This holding is notable because it narrowed the…

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Northern District of Illinois Severely Limits Passenger Class Action Delay Claim

The U.S. District Court for the Northern District of Illinois recently limited plaintiff’s passenger delay class action in Shabotinsky v. Deutsche Lufthansa AG.1 Plaintiff alleged that he was delayed flying…

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ECJ Further Narrows When Technical Problems Qualify as EC 261 “Extraordinary Circumstances”

On September 17, 2015, the European Court of Justice (“ECJ”) issued its latest interpretation of European Union Regulation (EC) No 261/2004 (“EC 261”). In van der Lans v. KLM, Case…

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European Court of Justice Reaffirms Application of European Regulation (EC) 261 to Flight Delays

In 2004, the European Council and Parliament enacted EC 261/2004, a set of consumer protection rules designed to establish the obligations of airlines in the event of denied boarding, flight…

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