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· 4/1/1992

Jackie Pflug and Scott Pflug v. Egyptair Corporation, a New York Corporation

Citations

  • 961 F.2d 26
  • 1992 U.S. App. LEXIS 6811

How courts have described this case

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

  • finding that the question of whether defendant is “carrier” under Article 17 was “obviously antecedent to an examination of whether the United States [was] one of the jurisdictions in which Article 28 ... allows the plaintiffs to proceed against the carrier.”
  • interpreting Warsaw Convention to mean \that only the airline that actually transports the injured passenger can be held liable as 'the carrier' \
  • interpreting Warsaw Convention to mean “that only the airline that actually transports the injured passenger can be held liable as ‘the carrier’”
  • referring to Article 28 of the Warsaw Convention as the “forum- limiting provision of the Convention”
  • dismissing Montreal Convention claim because plaintiff brought suit against Egyptair Corp., a subsidiary of Egytpair that did not operate the plane on which plaintiff was injured
  • “Although the term ‘carrier’ is not defined in the [Warsaw] Convention, the manner in which it is employed . . . makes clear that the [Warsaw] Convention’s drafters were referring only to those airlines that actually transport passengers or baggage (‘actual carriers’

Source: CourtListener parenthetical corpus (CC0).

Judges: Oakes, Walker, Pollack

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.