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HARDY v. SCANDINAVIAN AIRLINES SYSTEM

No. 23-30632.

117 F.4th 252 (2024)

Susan HARDY, Plaintiff-Appellant, v. SCANDINAVIAN AIRLINES SYSTEM, also known as SAS, doing business as Scandinavian Airlines of North America, Incorporated, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED August 26, 2024.

Attorney(s) appearing for the Case

Tony B. Jobe, Esq., Law Offices of Tony B. Jobe, Covington, LA, William Woodrow, III (argued), Woodrow Law Group, P.L.L.C., Charlottesville, VA, for Plaintiff-Appellant.

Bartholomew Banino, Marissa Lefland, Condon & Forsyth, L.L.P., New York, NY, Bradley J. Schwab (argued), Voorhies Law Firm, New Orleans, LA, Brendan Patrick Doherty, Esq., Gieger, Laborde & Laperouse, L.L.C., New Orleans, LA, for Defendant-Appellee.

Before Smith, Wiener, and Douglas, Circuit Judges.

Susan Hardy flew from Newark, New Jersey, to Oslo, Norway, to visit her daughter. As she stepped off the plane, she fell and fractured her leg. Hardy sued the airline, Scandinavian Airlines System ("SAS"), in the Eastern District of Louisiana, contending that Article 33 of the Montreal Convention created both subject...

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