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Appeal in Action Against Airline Under Warsaw Convention, and Administrative and Criminal Matters

By FindLaw Staff on August 02, 2010 | Last updated on March 21, 2019

Eid v. Alaska Airlines, Inc., No. 06-16457, concerned an action against an airline alleging damages due to delay under Article 19 of the Convention for the Unification of Certain Rules Relating to International Carriage by Air (Warsaw Convention), and a variety of state-law defamation and intentional infliction of emotional distress claims.  The court of appeals affirmed in part summary judgment for defendants on the ground that the crew's report to the police was covered by the Warsaw Convention and thus was not subject to defamation claims.  However, the court reversed in part on the ground that the fact finder here could conclude that the captain did not have reasonable grounds to believe that plaintiffs posed a threat to the security or order of the aircraft.

International Union v. J&R Flooring, Inc., No. 08-17089, involved an action to compel arbitration of a labor dispute.  The court of appeals affirmed the dismissal of the action on the ground that the particular dispute was principally representational and thus fell within the primary jurisdiction of the NLRB.

In US v. Gallegos, No. 08-17089, the court of appeals affirmed defendant's sentence based on his entry of two guilty pleas, one for illegal reentry, and the other for escape while awaiting sentencing on the first charge, on the grounds that 1) the plain language of 18 U.S.C. section 3584(a) authorized the district court's imposition of defendant's partially concurrent and partially consecutive sentence for the escape charge; and 2) there was no plain error in declining to offer a reduction for acceptance of responsibility on the illegal reentry charge while also enhancing defendant's sentence based on his obstruction of justice.

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