Penina Fishman, an Infant by Her Mother and Natural Guardian, Michelle Fishman Michelle Fishman, Individually v. Delta Air Lines, Inc.

How courts have described this case

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

• holding that under the Warsaw Convention, “[a]ll state law claims that fall within the scope of the Convention are preempted’
• passenger’s ear injury resulted not from normal change in cabin pressure but from flight attendant’s application of a hot compress
• “an injury resulting from routine procedures . . . can be an ‘accident’ if those procedures or operations are carried out in an unreasonable manner.”
• “a plaintiff’s unusual reaction to a routine and expected incident of airline travel, including any procedure that is conducted in the routine and expected manner, is no accident within the meaning of the Convention.”
• injury aboard Delta flight from Tel Aviv to New York

Source: CourtListener parenthetical corpus (CC0).