United States Ninth Circuit

The district court's dismissal of an action for damages under the Montreal Convention, alleging that the denial of oxygen aboard an international flight hastened a passenger's death is affirmed, where: 1) the two-year limitations period set forth in Article 35(1) of the Convention applied to the complaint, which was filed more than two years after the flight but within two years of the passenger's death; 2) under its plain language, Article 35(1) applies irrespective of when a claim actually accrues; and thus, 3) the complaint was not timely.

Appellate Information

• Decided 03/19/2014
• Published 03/19/2014

Judges

• NGUYEN

Court

• United States Ninth Circuit

Counsel