Mental Distress for Airline Lawyers: The Sixth Circuit’s Decision in Doe v. Etihad
The Sixth Circuit’s recent decision in Doe v. Etihad could have significant liability implications for airlines. The court held that passengers may obtain mental distress damages from an air carrier under the Montreal Convention independent of any physical injury suffered. This decision runs counter to decades of precedent under the Montreal and Warsaw Conventions. The author warns that Etihad may make courts in the Sixth Circuit a more attractive venue for plaintiffs’ counsel.