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Warsaw Convention preempts passenger tort claim against airline

By Kenneth Nankin

Small v. America West Airlines, Inc. (D.N.J. Oct. 30, 2007).  The passenger alleged that the airline was liable under the New Jersey Consumer Fraud Act because it had tortiously denied losing his baggage, thereby preventing him from filing a claim against his insurance company.  The airline argued that the passenger?s state law claim was preempted [...]

Full post as published by The NV Flyer on December 24, 2007 (boomark / email).