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MBABA v. SOCIETE AIR FRANCE

No. 05-20452.

457 F.3d 496 (2006)

Edo George MBABA; Patience Mbaba, Plaintiffs-Appellants, v. SOCIETE AIR FRANCE, doing business as Air France, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 25, 2006.

Attorney(s) appearing for the Case

Jeffrey Lee Dorrell (argued), Law Offices of Jeffrey L. Dorrell, Houston, TX, for Plaintiffs-Appellants.

G. Byron Sims, Kristopher Michael Stockberger (argued), Brown Sims, Houston, TX, for Defendant-Appellee.

Before JONES, Chief Judge, and BARKSDALE and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

This case concerns the preemptive effect of the Warsaw Convention as amended by Montreal Protocol No. 4. The Appellant, Edo George Mbaba, argues that his claims stemming from excess baggage fees are not preempted because such injuries are not contemplated by the Convention. The Appellee, Societe Air France ("Air France"), argues that Mbaba's claims are preempted due to the Convention's broad exclusivity...

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