PHIFER v. ICELANDAIR

No. 09-56858.

652 F.3d 1222 (2011)

Elin PHIFER, Plaintiff-Appellant, v. ICELANDAIR, aka Icelandair Northamerica, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 26, 2011.

As Amended on Denial of Rehearing September 1, 2011.


Attorney(s) appearing for the Case

Andrew N. Chang and Stuart B. Esner, Esner & Chang, Glendale, CA; Richard C. Devirian, Torrance, CA, for the appellant.

Michael A. Hession,   Kevin R. Sutherland, and Nicholas S. Lieberknecht, Clyde & Co, San Francisco, CA, for the appellee.

Before: PAMELA ANN RYMER and JAY S. BYBEE, Circuit Judges, and GORDON J. QUIST, Senior District Judge.


OPINION

BYBEE, Circuit Judge:

Today we clarify that a plaintiff does not have to prove that an airline violated an Federal Aviation Administration ("FAA") standard to establish that there was an "accident" under Article 17 of the Convention of the Unification of Certain Rules Relating to International Transportation by Air ("Montreal Convention"). Because the district court held otherwise, requiring the plaintiff to provide evidence the airline had failed...

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