Narayanan Ex Rel. Narayanan v. British Airways
2014 U.S. App. LEXIS 5173
| 9th Cir. | 2014Background
- Narayanan had advanced-stage lung disease and required supplemental oxygen on international air travel.
- On December 26, 2008, British Airways denied Narayanan access to supplemental oxygen during the LA-to-London leg.
- Narayanan sought medical treatment in London and subsequently in India; he died on June 11, 2009.
- Narayanan's heirs filed March 7, 2011, seeking damages under Article 17(1) of the Montreal Convention.
- The district court dismissed the complaint as untimely under Article 35(1), which requires filing within two years of arrival or when the aircraft ought to have arrived.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Article 35(1) applies to claims not accrued at arrival | Plaintiffs argue the claim accrued at Narayanan's death and California law should govern timeliness. | British Airways argues Article 35(1) governs regardless of accrual timing and is a strict two-year limit. | Yes; Article 35(1) applies strictly, barring untimely claims. |
| Whether Article 35(2) allows state-law tolling or alternatives | Plaintiffs contend Article 35(2) permits California/forum-law tolling to determine timeliness. | BA argues Article 35(2) only concerns procedural aspects for determining if a suit was brought timely. | No tolling; Article 35(2) does not permit end-runs around Article 35(1). |
| Whether Zicherman pass-through applies to accrual timing | Plaintiffs rely on Zicherman to allow local-law accrual rules when the Convention is silent. | Defendants contend the Convention clearly governs timing via Article 35(1); Zicherman is inapplicable here. | Inapplicable; Article 35(1) governs timing and accrual is not a basis to toll. |
Key Cases Cited
- Medellin v. Texas, 552 U.S. 491 (2008) (treaty interpretation and drafting history aid interpretation)
- Chan v. Korean Air Lines, Ltd., 490 U.S. 122 (1989) (treaty interpretation; implied limitations in Warsaw Convention context)
- El Al Israel Airlines, Ltd. v. Tseng, 525 U.S. 155 (1999) (uniformity of treaty liability rules; auctions of signatory intent)
- Zicherman v. Korean Air Lines Co., 516 U.S. 217 (1996) (pass-through to local law not broadly applicable to Article 35 timing)
- Dickson v. American Airlines, Inc., 685 F. Supp. 2d 623 (N.D. Tex. 2010) (Montreal Convention timing; two-year period as absolute bar)
- Fishman v. Delta Air Lines, Inc., 132 F.3d 138 (2d Cir. 1998) (Article 35.2 interpretation; tolling issues discussed)
- Chubb Insurance Co. of Europe S.A. v. Menlo Worldwide Forwarding, Inc., 634 F.3d 1023 (9th Cir. 2011) (limitations as not tolled by forum rules; “pass-through” limits rejected)
- Albillo-De Leon v. Gonzales, 410 F.3d 1090 (9th Cir. 2005) (treaty interpretation; framing of limitation principles)