Kenneth S. Nankin

Travel law attorney. Member, Maryland, Virginia, District of Columbia and New York Bars. [email protected]

[Kenneth S. Nankin @ksnankin]

Texas court lacks specific personal jurisdiction over non-resident airline because passenger's leg injury, which occurred during international flight to Virginia, did not result from airline's conduct in forum, and passenger's purchase of ticket in forum did not support exercise of specific jurisdiction #personaljurisdiction #aviationlaw https://t.co/a0fSKShRFi (Ugwu v. United Airlines, Inc.)

[Kenneth S. Nankin @ksnankin]

New York court lacks personal jurisdiction over foreign company operating online short-term rental platform because customer's personal injury claims, based on a defective pool ladder on host's New York property, did not arise from foreign company's New York business activities, which did not include ownership, possession or control of the property #personaljurisdiction #travellaw https://t.co/jgxBpHLwGe (Teufel v. Airbnb, Inc.)

[Kenneth S. Nankin @ksnankin]

Passengers' travel delay claim survives airlines' summary judgment motion due to disputed facts but baggage damage claim fails due to untimely notice and baggage loss claim fails due to "lack of evidentiary support" for damages #montrealconvention #aviationlaw https://t.co/d0qKbNeCC2 (Emmanuel v. SkyWest Airlines, Inc.)

[Kenneth S. Nankin @ksnankin]

Airline's failure to return passenger's wheelchair in working condition did not “generally increase the risk” that passenger would select and use an ill-fitting loaner wheelchair that exacerbated her preexisting health conditions #proximatecause #aviationlaw https://t.co/2o0Q8BSGqD (Porter v. United Airlines, Inc.)

[Kenneth S. Nankin @ksnankin]

Owner of residential building lacks express or implied private right of action against online booking platform for alleged violations of city ordinance governing short-term rentals #shorttermrental #privaterightofaction #travellaw https://t.co/Sq4EdJk32M (MMP 309 Owner LLC v. Airbnb, Inc.)

[Kenneth S. Nankin @ksnankin]

Airline held not liable for airport lounge guest's injury from "extremely hot" oatmeal as guest was not "in the course of embarking" in lounge and because oatmeal container bore "a large red flame symbol" #montrealconvention #aviationlaw https://t.co/nGIjgfCaOD (Hannon v. Air Canada)

[Kenneth S. Nankin @ksnankin]

Passenger's federal discrimination claims against airline that removed him from aircraft fail because his allegations did not "tend to show that [he] was singled out because of his race" #discrimination #aviationlaw https://t.co/JMY5TMgpi7 (Miao v. United Airlines, Inc.)

[Kenneth S. Nankin @ksnankin]

Party that "acted inconsistently with its right to arbitrate and actively participated in discovery for a prolonged period of time, including filing multiple answers" waived any right to arbitrate #arbitration #travellaw https://t.co/v3Q1lpBh5h (Foster v. Airbnb, Inc.)

[Kenneth S. Nankin @ksnankin]

Forum selection clause in hotel rewards program agreement ruled unenforceable because defendant "did not raise the forum selection clause defense for two years" #forumselection #travellaw https://t.co/EbrDBCEl0Z (Travelers United, Inc. v. Sonesta International Hotels Corp.)

[Kenneth S. Nankin @ksnankin]

Customer's claim against motor carrier for negligent failure to warn of possible package tripping hazard preempted because claim would expand "delivery process and require services not already provided" #FAAAA #motorcarrierclaims https://t.co/MTCeNsIYvj (Giordano v. Chewy, Inc.)

[Kenneth S. Nankin @ksnankin]

Travel agent's alleged false advertising was not proximate cause of customer's injury at third-party hotel, and agent has no liability for hotel's alleged negligence #travelagent #proximatecause https://t.co/PztQawwCtM (Nikolovski v. Costco Travel)

[Kenneth S. Nankin @ksnankin]

Montreal Convention held to apply because layover where injury occurred was part of "single international operation," as layover was under four hours, and to preempt wrongful death claim #montrealconvention #aviationlaw https://t.co/bW6Kj24yNk (Davis v. Delta Air Lines, Inc.)

[Kenneth S. Nankin @ksnankin]

ADA preempts travelers' tort claims against airline cybersecurity vendor as claims would have "significant effect on airline services" including systems for calculating aircraft weight #airlinederegulationact #aviationlaw https://t.co/HCSwUV08Q0 (del Rio v. CrowdStrike, Inc.)

[Kenneth S. Nankin @ksnankin]

State law baggage and cargo claims fail as Montreal Convention-preempted, and claim under Convention fails because damages arose from consignee's non-payment of import service charge #montrealconvention #aviationlaw https://t.co/Rw0HtseUaF (Nwanne v. Ethiopian Airlines Group)

[Kenneth S. Nankin @ksnankin]

ADA does not preempt customer's promissory estoppel and statutory consumer protection claims based on airline's alleged conduct during post-flight "drawn-out dispute resolution process" #airlinederegulationact #aviationlaw https://t.co/I06c24lhEb (Deugoue v. Icelandair, ehf)

[Kenneth S. Nankin @ksnankin]

Checked baggage damage claim fails because passenger was unable to dispute affidavit attesting that he had failed to provide timely written notice of damage to airline #montrealconvention #aviationlaw https://t.co/kWKLe3WhvA (Unger v. LOT Polish Airlines)

[Kenneth S. Nankin @ksnankin]

Limited discovery ordered to determine whether travel agency customer seeking airfare refund agreed to arbitrate claims #arbitration #aviationlaw https://t.co/iE2n9wpb3N (Maggi v. International Travel Network, LLC)

[Kenneth S. Nankin @ksnankin]

Boarding denial claim fails because passengers had not complied with contractual "responsibility to ensure their travel documents were acceptable to all of the carriers on their itinerary" #conditionsofcarriage #aviationlaw https://t.co/w7SJYJe4RJ (Davis v. Air Canada)

[Kenneth S. Nankin @ksnankin]

Common law third-party spoliation claim survives motion to dismiss because complaint "sufficiently pleads Defendant’s actual knowledge of potential litigation" #spoliation #aviationlaw https://t.co/FHIlGRHw69 (Hargraves v. Continental Aerospace Technologies, Inc.)