Fischman v. American Airlines, Inc.
- John Cronan
- 1:22-cv-08124
- U.S. District Court · Southern District of New York
- 2
In Fischman v. American Airlines, Judge Cronan received a defense letter proposing summary judgment, not a court ruling.
The document concerns Joshua Fischman and American Airlines, Inc., but it does not show a court ruling affecting either party.
What happened
Fischman v. American Airlines, Inc. concerns Joshua Fischman’s allegation that a beverage cart struck him during an American Airlines flight on August 21, 2019. The document provided is a February 24, 2023 letter from American Airlines seeking permission to file a motion for summary judgment.
American Airlines argued that the Montreal Convention governs the claims because the flight was part of a single ticket for an international trip ending in Athens, Greece. It argued that the Convention’s two-year filing deadline had expired before Fischman filed his complaint and asked that the case be dismissed with prejudice.
Judge John P. Cronan is identified as the judge, but the provided text does not show that the court granted or denied the requested motion or otherwise decided the case. It is a defense pre-motion letter rather than a ruling on the merits.
The detailed version
- Fischman v. American Airlines, Inc. · No. 1:22-cv-08124
- John Cronan
- Feb. 24, 2023
Document and procedural posture
The supplied document is a pre-motion letter from American Airlines, Inc., through its counsel, asking for permission to file a motion for summary judgment under Federal Rule of Civil Procedure 56. A summary-judgment motion asks the court to enter judgment without a trial when the moving party contends that no material factual dispute requires a trial. The text does not include a ruling granting or denying permission, a summary-judgment decision, or a final judgment.
Background described in the letter
The letter states that Joshua Fischman alleges he was struck by a beverage cart during an American Airlines flight from New York to Philadelphia on August 21, 2019. It states that Fischman filed his complaint on August 19, 2022, and that American Airlines answered on September 21, 2022.
According to the letter, Fischman testified at a February 2, 2023 deposition that the flight was the first of four legs of a single round-trip international trip whose ultimate destination was Athens, Greece. The letter says he purchased all four flights on the same ticket.
American Airlines’ arguments
American Airlines argued that the Montreal Convention—the international treaty governing certain international air-carriage claims—applies because the ticket covered travel between two countries that are parties to the Convention. It further argued that the Convention applies to the domestic flight leg involved in the incident and provides the only basis for recovery.
American Airlines also argued that the Convention has a two-year statute of limitations, meaning a deadline for filing suit. Because the incident allegedly occurred on August 21, 2019, and the complaint was filed on August 19, 2022, American Airlines contended that the claims were time-barred. It requested permission to file a summary-judgment motion seeking dismissal of the complaint in its entirety and with prejudice. These are arguments made in the letter, not findings or holdings by the court.
Disposition
The supplied text does not state that Judge John P. Cronan granted or denied American Airlines’ request, ruled on the proposed motion, or dismissed any claim. The proposed briefing schedule in the letter listed March 3, 2023, for American Airlines’ motion; March 10, 2023, for Fischman’s opposition; March 17, 2023, for American Airlines’ reply; and March 24, 2023, for Fischman’s sur-reply.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.