9th Circ. Won't Revive British Airways Wrongful Death Suit

By Lance Duroni (March 19, 2014, 5:07 PM EDT) -- The Ninth Circuit on Wednesday upheld the dismissal of a suit accusing British Airways PLC of contributing to the death of an ill passenger by refusing him oxygen on an international flight, finding that the man's family had sued three months too late.

In a 2-1 decision, the appeals panel ruled that under the Montreal Convention, a treaty that sets liability standards for international flights, the two-year statute of limitations began running when the flight landed, not upon the death of passenger Papanasam Narayanan six months later.

The pivotal question, one of first impression in the circuit, was whether the convention's...

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