Legal Opinion
Piamba Cortes Ex Rel. Piamba Cortes v. American Airlines, Inc.
Court of Appeals for the Eleventh Circuit
Decided June 15, 1999No. 98-4739PublishedCited by 100 opinions
1Opinion of the Court
BIRCH, Circuit Judge:
In this appeal, we hold as a matter of first impression that Article 25 of the Warsaw Convention, as clarified by Montreal Protocol No. 4, requires a passenger to prove that an air carrier subjectively knew its conduct likely would result in harm to its passengers in order to escape the Convention’s limitations on liability. On summary judgment, the district court held that Article 25 measures an air carrier’s conduct objectively and concluded as a matter of law that, under either an objective or subjective standard, the passengers’ claims for damages were not limited by…
2Cases cited42 opinions
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Farmer v. BrennanSupreme Court of the United States · 1994
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- In Re Air Crash Disaster Near New Orleans, Louisiana on July 9, 1982. Luis Alberto Trivelloni-Lorenzi, and Susanna Electra Trivelloni-Lorenzi v. Pan American World Airways, Inc., Ernesto Serio Pampin Lopez, Individually and as Administrator of the Estate of His Deceased Mother Sara E. Lopez De Pampin v. Pan American Airways, Inc., and United States of AmericaCourt of Appeals for the Fifth Circuit · 1987
- El Al Israel Airlines, Ltd. v. Tsui Yuan TsengSupreme Court of the United States · 1999
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3Cited by100 opinions
- Allan Campbell v. Air Jamaica LTDCourt of Appeals for the Eleventh Circuit · 2014
- Alexander v. Fulton CountyCourt of Appeals for the Eleventh Circuit · 2000
- Johnny C. McClain v. Metabolife International, IncCourt of Appeals for the Eleventh Circuit · 2005
- Myra Furcron v. Mail Centers Plus, LLCCourt of Appeals for the Eleventh Circuit · 2016
- Molinos Valle Del Cibao, C. Por A. v. LamaCourt of Appeals for the Eleventh Circuit · 2011
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