Johnson & Bell Shareholder, Joseph F. Spitzzeri, and Attorney, Michael J. Lizzadro, obtained partial summary judgment in favor of their airline client in a breach of contract dispute argued in federal court. In this matter, a passenger sued the airline for breach of contract and violation of the Montreal Convention and EU 261 (the European Union Regulation No. 261/2004) after her international flight to Chicago was delayed by several hours. The plaintiff alleged that the delayed flight caused her to miss a family reunion and a job interview for a position that had a salary of $45,000 per year. She also charged that the delayed flight led to her feeling ill and missing three days of work. Plaintiff also claimed additional expenditures for meals, local transportation and other items due to the delay. The plaintiff initially sought to represent a class action against the airline, but abandoned her class claims.
In their motion for partial summary judgment, Spitzzeri and Lizzadro argued that the plaintiff was not entitled to any compensation under EU 261 as the regulation is not enforceable in the United States. They also sought a ruling that their client was limited to compensating the plaintiff no more than $695 under the Montreal Convention. The court agreed with defense’s argument and granted its motion for partial summary judgment.