United States Second Circuit

Where the events giving rise to a discriminatory bumping claim occurred in the course of embarkation during the international "carriage of passengers and baggage," the action is preempted by Article 17 of the Warsaw Convention, and is therefore subject to the Convention's two-year statute of limitations; consequently, plaintiffs' complaint here was untimely and properly dismissed.

Appellate Information

• Argued 01/07/2002
• Decided 03/22/2002
• Published 03/26/2002

Judges

• SOTOMAYOR, Circuit Judge., Before JACOBS, F.I. PARKER, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Robert N. Isseks, Middletown, New York, for plaintiffs-appellants.


• For Appellees:
  
• David S. Rutherford, Renzulli & Rutherford, LLP, New York, New York, for defendants-appellees.