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

JACOBS, Circuit Judge:

Infant plaintiff Penina Fishman, while travelling as a passenger aboard an international flight, was scalded when a stewardess applied an over-hot compress to alleviate the child’s earache. The child and her mother sued Delta Air Lines, Inc. (“Delta”) under the Warsaw Convention, as well as for negligence and intentional torts in applying the compress, failing to advise the child’s mother of the injury while the plane was aloft, and refusing to provide medical assistance when the plane landed. On this appeal, we consider whether all the child’s claims are preempted by…