5th Circ. Revives Sex-Toy Suit Against United Continental

Law360, Los Angeles (November 5, 2013, 4:23 PM EST) -- The Fifth Circuit on Monday revived a suit accusing United Continental Holdings Inc. employees of deliberately embarrassing gay passengers by taping a sex toy to their luggage, ruling that an international law governing air travel doesn't block their claims.

Reversing a Texas federal court's dismissal of the complaint, the three-judge panel decided the passengers' emotional distress and invasion of privacy claims fell outside the scope of the Montreal Convention, because the alleged acts occurred independent of air travel.

United Continental alleged that the treaty, which went...
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