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· 10/25/2007

In Re Nigeria Charter Flights Contract Litigation

Citations

  • 520 F. Supp. 2d 447
  • 2007 U.S. Dist. LEXIS 79351
  • 2007 WL 3124527

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that “some courts have found 24 fraud and negligence claims preempted by the Convention, . . . where those claims arose from 25 injuries within the Convention's substantive scope, e.g., personal injuries resulting from accidents 26 (Article 17
  • “Because the two conventions’ preemptive language is substantially similar, they have ‘substantially the same preemptive effect.’”
  • “[T]he Montreal Convention preempts state law claims falling within its scope.”
  • “[W]here the circumstances raise the possibility of a principal-agent relationship, and no written authority for the agency is established, questions as to the existence and scope of the agency must be submitted to the jury.”
  • “[T]he Montreal Convention preempts state law claims falling within its scope.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Dearie

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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