Plaintiff Sangmi Lee filed suit in Philadelphia Municipal Court against American Airlines for financial damages allegedly caused by the airline's employees' refusal to allow her to board a flight from Miami to Belize, the second segment of a multi-leg trip originating and ending in New York. The plaintiff was refused boarding as the airlines' employees believed that she did not have the required visa. After being denied boarding, the plaintiff bought a flight to Guatemala and went on to fly from Guatemala to Belize. The plaintiff sought compensation for extra travel expenses and attorney's fees and costs. American Airlines removed the suit to federal court arguing that the Montreal Convention applied and preempted all state law claims. The plaintiff filed a motion to remand on the basis that the Montreal Convention did not apply because she was not actually transported by the airline and consequently there was no international carriage in this case. The Court held "international carriage" to "include activities beyond actual travel" in accordance with the mainstream interpretation of the term. It found that the matter at issue was a delay under article 29 of the Montreal Convention rather than contractual non-performance and denied the plaintiff's motion to remand. Lee v. AMR Corp. d/b/a American Airlines, 2015 WL 3797330 (E.D. Pa. June 18, 2015).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.