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…was presented with a single question: whether there is an obligation on a Community carrier to pay compensation to passengers pursuant to EU 261 where the Community carrier, as the contractual carrier, operated the first leg of a flight with a stopover at an airport in a non-Member State, from which, under a code sharing agreement, a carrier which is not a Community carrier operated the second leg of the flight and there was a delay of more than…
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…ay Compensation To address the prohibitive costs associated with providing compensation to delayed passengers, the European Commission proposes extending the delay threshold (currently three hours based on the Sturgeon decision) triggering the compensation requirement and creating different threshold times based on the flight distance. The European Commission proposes the following delay thresholds: 1) Time frame for compensating delayed passenger…
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…half of passengers who experienced a delayed or cancelled flight and seeks compensation based on the scheme set forth in EU 261. The company argues that the passengers are entitled to EU 261 compensation in accordance with the regulation itself as well as the air carrier’s contract of carriage. These claims have been largely unsuccessful. In one lawsuit filed in California, the court refused to consider the merits of the company’s claims because i…
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…of a medical professional in case of emergencies on board aircraft, who recommended that the flight divert to Nassau, Bahamas. However, the Captain ultimately continued on to Miami, taking into consideration all relevant factors, including the fact ground staff in Nassau could not be reached to arrange for the diversion; whereas, emergency medical arrangements were available in Miami. The Singh Court determined: “While there are certain deficienc…
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…ties and the rest of the traveling public to travel in a safe, secure, and comfortable environment. The public has 60 days to submit comments to the proposal. Disclaimer: This publication is made available for educational purposes only and is not intended as legal advice. If you have questions about any matters in this publication, please contact the authors directly. General inquiries may be directed to info@nullcondonlaw.com. 1 These changes ali…
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…d. v. Antrix Corp. involved a contractual dispute between Devas, a private company, and Antrix, a commercial organization owned by the Republic of India.6 After receiving an arbitration award against Antrix, Devas sought to enforce the award in a Washington federal court.7 The district court found that the Antrix could be subject to suit under the arbitration exception and entered judgment against Antrix.8 The United States Court of Appeals for th…
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…pearance of Malaysia Airlines Flight MH370.1 The MH370 litigation, which encompassed 40 separate actions that had been consolidated by the Judicial Panel on Multidistrict litigation, had been dismissed on forum non conveniens (“FNC”) grounds by U.S. District Court Judge Ketanji Brown Jackson on November 21, 2018. In its opinion, the Court of Appeals reiterated the test for dismissing an action on FNC grounds: the moving party must show “(1) that a…
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