All Case Propositions

(A-Z)A diversion can be a cancellation for EU261 purposesAccident must occur on aircraft or in process of embarking or disembarkingAccident requires unexpected or unusual event that is external to the passengerAirline Deregulation Act prevents enforcement of U.S. State consumer lawAirline Deregulation Act prevents enforcement of U.S. State privacy lawBaggage limits breakable for misconductCockpit voice recordings not discoverableCodeshare is not successive carriageContract provision lessening liability contrary to Convention invalidConvention should not be given a different "European" meaningConvention two year time bar does not apply to EU261 claimsDamages available for purely mental injuries under Article 17Damages not available for purely mental injuries under Article 17Discrimination in airport user charges need not be overtDomestic leg of international journey is international carriage if single operationEmbarkation and disembarkation includes periods under control or direction of carrier within airportEU261 does not apply where both origin and destination outside the EUFinal destination means the destination of the last flight as ticketed including any connecting flights under EU261Forum non conveniens dismissal appropriate where plaintiffs have limited or no connections to forum jurisdictionInaction or omission may constitute an accidentInterline is not Article 39 MC99Interline is successive carriageInterpretation: Cases on WC29 an aid to MC99Irrelevant under EU261 that delay caused in third or non-EU countryLocal consumer law with standardised compensation not an action for damages under Article 29 MC99Local law defines forum for claim against airportMental anguish damages not recoverable for delayMental injuries recoverable only where caused by bodily injuriesMental injuries recoverable under ConventionMental injuries recoverable under Convention where evidence of physical damage to brainMental injury damages available where coincident to special type of bodily injuryNo liability of successive carrier for death or injury on other successive carrierNo remedy when none available under the ConventionNo remedy where carrier allowed no opportunity to rectify delayNo US State-specific jurisdiction necessarily as a result of Article 33 MC99Owner of cargo cannot sue carrierOwner of cargo may sue carrierPassenger's own internal reaction to normal and expected operation of aircraft not an accidentStandardised statutory delay compensation is payable under EU261Substituted carrier a successive carrier where original contract allows substitutionTerrorism is an accident for Convention purposesTwo year time bar is definitive to extinguish damagesUser charges not just and reasonable if they give rise to unreasonably high profitability