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Old Mar 31, 19, 11:30 am
Join Date: Apr 2015
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Originally Posted by platbrownguy View Post
Why obviously? Is there something in the reg that requires an EU court to adjudicate EC261 claims? Just curious... even if not, I'm inclined to agree that US courts might be skeptical of a claim arising under EU law that isn't rooted in a treaty. But it seems far from obvious -- our (state and federal) courts have to apply foreign law all the time. If the reg doesn't explicitly require adjudication in the EU, I would guess that it's possible to pursue a claim (at least as an ancillary claim to some other contract claim) in at least some state courts.
we are filing the claim in the UK, so they are bound by eu regulation. We aren't handling any of this in the US.
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