Mbaba v. Societe Air France

BENAVIDES, Circuit Judge:

This ease concerns the preemptive effect of the Warsaw Convention as amended by Montreal Protocol No. 4. The Appellant, Edo George Mbaba, argues that his claims stemming from excess baggage fees are not preempted because such injuries are not contemplated by the Convention. The Appellee, Societe Air France (“Air France”), argues that Mbaba’s claims are preempted due to the Convention’s broad exclusivity. As explained below, the Convention’s text and Supreme- Court precedent inform our conclusion that the claims are preempted.

I.FACTUAL AND PROCEDURAL BACKGROUND

Mbaba…