Joseph D. Wolgel and Edythe R. Wolgel v. Mexicana Airlines, a Mexican Corporation

How courts have described this case

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

• holding that “the drafters of the Convention did not intend the word ‘delay’ in Article 19 to extend to claims . . . that arise from the total nonperformance of a contract’”
• “We conclude that the Wolgels’ claim falls outside the Warsaw Convention .... ”
• where airline refused to transport plaintiffs and did not offer alternative transport, the Montreal Convention did not preempt plaintiffs’ state law claims because it did not apply to nonperformance
• where airline refused to transport plaintiffs and did not offer alternative transport, the Montreal Convention did not preempt plaintiffs’ state law claims because it did not apply to nonperformance
• interpreting parallel provision in Warsaw Convention

Source: CourtListener parenthetical corpus (CC0).