Paradis v. Ghana Airways Ltd.

How courts have described this case

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

• noting preemptive effect of Montreal Convention is “substantially the same” as that of Warsaw Convention
• finding that the “preemptive effect is identical regardless of whether the Montreal Convention or the Warsaw Convention” applies because “Article 29 of the Montreal Convention simply clarified the language of the Montreal Protocol’s amendment to Article 24(1
• noting that an airline which had offered replacement 23 transportation one week later “had not failed to perform its contract obligations” because the plaintiff’s ticket required the airline only to “carry the passenger and baggage with reasonable dispatch”
• “A passenger cannot convert a mere delay into contractual non-performance by choosing to obtain more punctual conveyance.”
• “[T]he preemptive effect is identical regardless of whether the Montreal Convention or the Warsaw Convention . . . applies; thus, the Court need not decide which Convention controls.”
• ‘Wolgel’s distinction be tween ‘bumping’ and ‘delay’ has been undercut by the U.S. Supreme Court’s message in Tseng ‘that the application of the Convention is not to be accomplished by a miserly parsing of its language.’ ”

Source: CourtListener parenthetical corpus (CC0).