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Full-Text Articles in Law
Surprises In The Skies: Resolving The Circuit Split On How Courts Should Determine Whether An "Accident" Is "Unexpected Or Unusual" Under The Montreal Convention, Ashley Tang
Washington Law Review
Article 17 of both the Montreal Convention and its predecessor, the Warsaw Convention, imposes liability onto air carriers for certain injuries and damages from “accidents” incurred by passengers during international air carriage. However, neither Convention defines the term “accident.” While the United States Supreme Court opined that, for the purposes of Article 17, an air carrier’s liability “arises only if a passenger’s injury is caused by an unexpected or unusual event or happening that is external to the passenger,” it did not explain what standards lower courts should employ to discern whether an event is “unexpected or unusual.” In 2004, …
Wise Up! Why It’S Time To Dump Reed V. Wiser And Get Real About Third-Party Actions, David Cluxton
Wise Up! Why It’S Time To Dump Reed V. Wiser And Get Real About Third-Party Actions, David Cluxton
Journal of Air Law and Commerce
The Warsaw Convention of 1929 and the Montreal Convention of 1999 (Conventions) are international treaties governing the liability of the air carrier for damage arising during international carriage by air, e.g., passenger death or bodily injury. The foundation for the applicability of these Conventions is the contract of carriage. However, given the nature of the air transport operations and their technological complexity, a given accident can result from several causes attributable to different parties. The plaintiff (e.g., the passenger) may have the option of suing, not only the carrier based on the contract of carriage, but, alternatively, an airframe or …
Aviation Law: Warsaw Convention Liability Principles Extend To Damage From Terrorist Attack, Leon Adams Jr.
Aviation Law: Warsaw Convention Liability Principles Extend To Damage From Terrorist Attack, Leon Adams Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Aviation Law - Personal Injury - The Warsaw Convention, As Modified By The Montreal Agreement, Acts To Establish The Air Carrier’S Strict Liability For A Passenger’S Personal Injury Incurred During An Aircraft Hijacking, Robert T. Bockman
Georgia Journal of International & Comparative Law
No abstract provided.
A Response To Lee Kreindler, Robert P. Boyle
A Response To Lee Kreindler, Robert P. Boyle
Akron Law Review
"...the claimant does not necessarily suffer all the disadvantages Lee Kreindler notes and that there are real compensatory advantages to the international passenger under the Guatemala Protocol system."
Impairment Of The Operation Of The Warsaw Convention By Recent Legislative And Judicial Action, Alan N. Sutin
Impairment Of The Operation Of The Warsaw Convention By Recent Legislative And Judicial Action, Alan N. Sutin
Georgia Journal of International & Comparative Law
No abstract provided.
Warsaw Convention--A New Cause Of Action For Emotional Distress Under Old Section 17: A Look At Floyd V. Eastern Airlines, 872 F.2d 1467 (11th Cir. 1989), Larry Johnson
Georgia Journal of International & Comparative Law
No abstract provided.
Recovery For Mental Injuries That Are Accompanied By Physical Injuries Under Article 17 Of The Warsaw Convention: The Progeny Of Eastern Airlines, Inc. V. Floyd, Jean-Paul Boulee
Recovery For Mental Injuries That Are Accompanied By Physical Injuries Under Article 17 Of The Warsaw Convention: The Progeny Of Eastern Airlines, Inc. V. Floyd, Jean-Paul Boulee
Georgia Journal of International & Comparative Law
No abstract provided.
Air Travel, Accidents And Injuries: Why The New Montreal Convention Is Already Outdated, Andrew Field
Air Travel, Accidents And Injuries: Why The New Montreal Convention Is Already Outdated, Andrew Field
Dalhousie Law Journal
The 1999 Convention for the Unification of Certain Rules for International Carriage by Air (the "Montreal Convention") came into force in 2003. It is the latest in a series of attempts to replace a number of variations on the 1929 Warsaw Convention with a single agreement which regulates the rights and liabilities of international air carriers, their passengers and shippers. At the time, the Montreal Convention was hailed as providing better protection and compensation for victims of air accidents. However despite its recent adoption, in relation to claims for death and personal injuries the Montreal Convention is still firmly planted …
Flying The Unfriendly Skies: The Liaiblity Of Airlines Under The Warsaw Convention For Injuries Due To Terrorism, Roberta L. Wilensky
Flying The Unfriendly Skies: The Liaiblity Of Airlines Under The Warsaw Convention For Injuries Due To Terrorism, Roberta L. Wilensky
Northwestern Journal of International Law & Business
In view of such considerations, this Comment will first explore the history of the Warsaw Convention, then examine the expansion of airline liabililty in cases of terrorism and wilful misconduct. Finally, the Comment will explore alternative means of compensating victims of terrorism.
A Proposed Revision Of The Warsaw Convention, Susan Schneider Lewin
A Proposed Revision Of The Warsaw Convention, Susan Schneider Lewin
Indiana Law Journal
No abstract provided.