Jewish girls removed from klm flight for eating outside designated times
Mar 27, 2022, 12:39 pm
#136
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The exclusivity question before us has been settled prospectively in a Warsaw Convention protocol (Montreal Protocol No. 4) recently ratified by the Senate. In accord with the protocol, Tseng concedes, a passenger whose injury is not compensable under the Convention (because it entails no "bodily injury" or was not the result of an "accident") will have no recourse to an alternate remedy. We conclude that the protocol, to which the United States has now subscribed, clarifies, but does not change, the Convention's exclusivity domain. We therefore hold that recovery for a personal injury suffered "on board [an] aircraft or in the course of any of the operations of embarking or disembarking," Art. 17, 49 Stat. 3018, if not allowed under the Convention, is not available at all.
Mar 27, 2022, 1:52 pm
#137
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It will be dismissed based upon the United States Supreme Court ruling in El Al Israel Airlines, Ltd. v. Tsui Yuan Tseng, 525 US 155 (1999).
It's a money play, plain and simple.
Mar 27, 2022, 6:33 pm
#138
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Haven't really gone through the thread and just read the first few posts - when flying in 2020 and 2021 on Air France, KLM, Delta, Hawaiian, Czech Airlines - none of the airlines ever mentioned anything about "official meal times". So it sounds like to me that this is just "legal reason" and the "real reason" is something else.
Mar 31, 2022, 3:00 am
#139
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Why do people think they're wasting their time? I assume most of the people saying this are not from the US, and do not know the law. Suing for religious discrimination is a very real thing under these circumstance. If you're allowed to take your mask off while eating, but these girls who kept kosher who brought their own food to be able to practice their religion was denied that right solely because of her religious behavior, that would be discrimination. From the article that is important: "Other passengers who snacked outside of the allotted time for eating were not disciplined, the complaint said.' This would be selective punishment based upon their religion, and very illegal.
A case could be made by a lawyer that the Jews on this flight were being targeted for being Jewish and keeping their religious diet. What followed was selective targeting by the crew because they were practicing their faith, humiliating them because of their faith, and ultimately expelling them from the flight because of their religious diet.
A good lawyer can do anything....
A case could be made by a lawyer that the Jews on this flight were being targeted for being Jewish and keeping their religious diet. What followed was selective targeting by the crew because they were practicing their faith, humiliating them because of their faith, and ultimately expelling them from the flight because of their religious diet.
A good lawyer can do anything....
Last edited by NWplatinum; Mar 31, 2022 at 3:07 am
Mar 31, 2022, 3:18 am
#140
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Again, it seems to me that the issue is not so much the ultimate outcome of the case (which will in all likelihood never be fully litigated and will be settled before reaching a conclusion, as bostontraveler mentions) as the publicity it will generate.
Apr 1, 2022, 4:31 pm
#144
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I actually think this entire crisis was caused because some AF version of the KL website promised delft houses and they ran out.
I place all blame on KL trolleys..."the trolleys that never have nor never give"...
I place all blame on KL trolleys..."the trolleys that never have nor never give"...
Apr 2, 2022, 1:33 am
#145
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Some people on this board do know what they are talking about and do know that the Montreal Convention, like its predecessor the Warsaw Convention, pre-empts domestic actions whatever the domestic cause of action is, including actions based on discrimination. The Supreme Court decision in El Al v Tseng (mentioned above by myself at post #128 and by TWA884 at post #136) is the classic point of reference here but if you want a case involving discrimination specifically, King v American Airlines 284 F 3d 352 would do the trick.
Again, it seems to me that the issue is not so much the ultimate outcome of the case (which will in all likelihood never be fully litigated and will be settled before reaching a conclusion, as bostontraveler mentions) as the publicity it will generate.
Again, it seems to me that the issue is not so much the ultimate outcome of the case (which will in all likelihood never be fully litigated and will be settled before reaching a conclusion, as bostontraveler mentions) as the publicity it will generate.