King v. American Airlines

Argued: January 7, 2002 Plaintiffs appeal from an order of the United States District Court for the Northern District of New York (Hurd, J.), dismissing their discrimination claim as untimely. The district court held that this suit was preempted by Article 19 of the Warsaw Convention and thus was subject to the Convention's two-year statute of limitations. We agree that the complaint falls within the scope of the Warsaw Convention, but on the alternate ground that it is encompassed by Article 17 of the Convention. AFFIRMED.