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Second Circuit – Montreal Convention: v. American Airlines Inc., et al.
Daily Record Staff//December 13, 2021//
Second Circuit – Montreal Convention: v. American Airlines Inc., et al.
Daily Record Staff//December 13, 2021//
United States Court of Appeals for the Second Circuit
Montreal Convention
International airline liability – Willful conduct – Statute of limitations
Cohen v. American Airlines Inc., et al.
20-3426-cv
Judges Pooler, Chin, and Lohier
Background: The plaintiff alleged that, while boarding a flight from Paris, France, to Dallas, Texas, a flight attendant struck him, causing injury. The defendant removed the case to federal court because the incident took place aboard an airplane. The plaintiff appealed from the dismissal of his claims as time barred under the statute of limitations set forth in the Convention for the Unification of Certain Rules for International Carriage by Air.
Ruling: The Second Circuit affirmed. The court held that the Montreal Convention governs his claim, despite the plaintiff’s allegations of willful conduct. Thus, the two-year statute of limitations applies.
Aryeh Cohen, pro se; David S. Rutherford, of Rutherford & Christie, for the defendants-appellees.
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