Most international flights, including some notable international crashes, are governed by the terms and conditions of the Montreal Convention. Yet, many lawyers are not familiar with the Montreal Convention’s provisions. After coming into effect in the United States in 2003, the Montreal Convention governs international travel and limits the liability of carriers in the “international carriage of persons, baggage or cargo.”

This CLE course will discuss (a) when the Montreal Convention applies; (b) whether the Montreal Convention preempts state law claims; (c) who has standing; (d) the types of claims that are available, including bodily injury claims under Article 17, baggage claims under Article 17, cargo claims under Article 18, and delay claims under Article 19; and (e) whether the Montreal Convention can preempt a discrimination claim. The Montreal Convention has a tremendous effect on the rights of carriers and passengers aboard international flights. Its provisions and the cases interpreting them must be carefully reviewed and considered whenever a potential claim is raised involving an international flight.