CF DOMINICANA CIGARS, INC. V. AMERICAN AIRLINES, INC.
July 31, 2024
Eckert Seamans has prepared the information in this update for educational purposes only. It does not constitute legal advice nor substitute for legal advice. Neither your receipt of information from this website nor your use of this website to contact Eckert Seamans or one of its attorneys creates an attorney-client relationship, as the firm may, for example, already represent another party involved in your matter. Accordingly, you should not provide confidential information to Eckert Seamans. Persons seeking legal advice should consult a licensed professional attorney in their state. The firm’s Terms of Use, Legal Notice, and Disclaimer detailed herein are expressly incorporated into the Aviation Regulatory Update.
Dominicana Cigars Inc. (“CF”) filed the complaint after a subcontractor, traveling on an American Airlines flight, experienced a three-day delay in the delivery of luggage containing tools required for a cigar rolling event that CF was contracted to staff. CF alleged that American Airlines caused CF to breach their contractual obligations with the event planners due to the luggage delay. In response, American Airlines filed a motion to dismiss, arguing that CF had waived all rights to consequential damages through the Condition of Carriage (“COC”) that all passengers agree to when purchasing an airline ticket. The trial court agreed, and CF appealed. This Court affirmed the lower court decision, holding that American Airlines effectively limited its liability in the COC, and as a result, CF waived any right to seek losses.
If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202-659-6665 or dderco@eckertseamans.com; Jay Julien at 202.659.6648 or jjulien@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
Share This Post
Authors
