Legal Opinion
Pierre v. Eastern Air Lines, Inc.
District Court, D. New Jersey
Decided June 27, 1957No. Civ. A. 1190-55, 843-54PublishedCited by 26 opinions
1Opinion of the Court
MEANEY, District Judge.
Plaintiff has moved to strike out the affirmative defenses of both defendants, each setting forth as such affirmative defense Article 22(1) of the so-called Warsaw Convention, 49 Stat. 3019. Article 22 establishes a limitation of the amount of recovery to be had in actions for damages sustained in an international flight to the sum of approximately $8,300. First to be considered is the case against the carrier.
Reduced to its simplest terms the question raised by the motion is whether such limitation is violative of the constitutional provision of the Vllth Amendment to…
2Cases cited5 opinions
- United States v. Curtiss-Wright Export Corp.Supreme Court of the United States · 1936
- Missouri v. HollandSupreme Court of the United States · 1920
- Geofroy v. RiggsSupreme Court of the United States · 1890
- United States v. MinnesotaSupreme Court of the United States · 1926
- United States v. Guy W. Capps, Inc.Supreme Court of the United States · 1955
3Cited by26 opinions
- Brawer v. HorowitzCourt of Appeals for the Third Circuit · 1976
- In re W.R. Grace & Co.District Court, D. Delaware · 2012
- Edmund J. Smith v. Canadian Pacific Airways, Ltd.Court of Appeals for the Second Circuit · 1971
- International Products Corp. v. KoonsCourt of Appeals for the Second Circuit · 1963
- Reed v. WiserCourt of Appeals for the Second Circuit · 1977
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