Cohen v. American Airlines, Inc.
13 F.4th 240
2d Cir.2021Background
- On December 28, 2015, Cohen alleges a flight attendant struck him while boarding a nonstop international flight from Paris to Texas, causing injury.
- Cohen filed suit in New York state court on December 27, 2018; defendants American Airlines removed to federal court asserting the Montreal Convention governs.
- American moved to dismiss, arguing the Montreal Convention's two-year statute of limitations (Article 35) bars the claim.
- Cohen argued his claim involved willful or reckless conduct and thus was not governed by the Montreal Convention's limits; he also sought leave to amend to add a loss-of-sunglasses claim from a January 2018 flight.
- The district court dismissed the complaint as time-barred and denied leave to amend as made in bad faith; the Second Circuit affirmed, holding the Montreal Convention applied, the two-year limit barred the suit, Article 25 of the Warsaw Convention does not lift the limitations period, and denial of leave to amend was not an abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Montreal Convention governs injury and imposes two-year statute of limitations | Cohen: injury on board an international flight — but asserts willful misconduct exception | American: Montreal applies to international carriage; two-year limitation governs | Held: Montreal applies; two-year period began at arrival/expected arrival and bars suit |
| Whether "willful" or "reckless" conduct removes the Convention's limitations | Cohen: attendant's willful/reckless conduct places claim outside Convention limits | American: Article 25 (Warsaw) affects damage caps, not the statute of limitations; Montreal contains no willful-misconduct carveout for personal injury | Held: Article 25 does not void the Convention's two-year limitations; Montreal contains no such exception |
| Whether state-law claims available despite Convention | Cohen: might pursue state-law willful-misconduct claim | American: Convention preempts local claims that fall within its scope | Held: Convention preempts local law for covered claims; even state claim likely time-barred (NY assault/battery limit one year) |
| Whether district court abused discretion in denying leave to amend | Cohen: should be allowed to amend to add sunglasses-loss claim (Jan 2018) | American: proposed amendment filed in bad faith to evade limitations | Held: Denial affirmed; amendment deemed made in bad faith and plaintiff waived challenge to that basis |
Key Cases Cited
- Air France v. Saks, 470 U.S. 392 (1985) (defines "accident" under Warsaw/Montreal as an unexpected external event)
- El Al Israel Airlines, Ltd. v. Tsui Yuan Tseng, 525 U.S. 155 (1999) (Convention provides exclusive remedy for covered onboard injuries; local-law recovery unavailable if Convention does not allow it)
- Dagi v. Delta Airlines, 961 F.3d 22 (1st Cir. 2020) (applies Saks definition of "accident" to Montreal Convention claims)
- King v. Am. Airlines, Inc., 284 F.3d 352 (2d Cir. 2002) (recognizes two-year limitations period under Warsaw Convention)
- In re Air Disaster at Lockerbie, Scotland, 928 F.2d 1267 (2d Cir. 1991) (Article 25 does not lift Article 29's statute of limitations)
- In re Korean Air Lines Disaster of Sept. 1, 1983, 932 F.2d 1475 (D.C. Cir. 1991) (similar treatment of Article 25 vis-à-vis limitations)