Unreported / Non-Citable
Background
Sergey Firsov sued Lufthansa and United over disrupted international travel, including a delayed connection and checked baggage. He asserted Montreal Convention claims and California contract and tort theories, and sought expenses plus $187 million in punitive damages.
Lufthansa moved to dismiss. Firsov separately asked to recover service costs, contending the airline should have waived formal service.
The Court’s Holding
The court dismissed the state-law theories as preempted because the Montreal Convention is the exclusive remedy for covered international passenger claims. The remaining claims failed because Article 19 compensates economic loss caused by delay, not punitive damages, emotional harm, or expenses disconnected from the delay.
The complaint also admitted Lufthansa would not transport Firsov without his checked baggage and placed him on the next available flight. Because applicable aviation rules required baggage reconciliation, the airline had taken reasonable measures. The service-cost request failed because Firsov did not prove he sent a Rule 4-compliant waiver package to an authorized recipient.
Key Takeaways
- The Montreal Convention generally displaces state contract and tort claims within its substantive scope.
- Delay plaintiffs must connect each claimed economic loss to the delay itself.
- Punitive damages are unavailable under the Convention.
- Recovering formal-service costs requires proof of a complete, properly addressed waiver request.
Why It Matters
International-air-travel complaints should be pleaded around the Convention from the outset. Counsel should separate compensable delay losses from inconvenience or emotional distress and preserve documents showing causation and mitigation.