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Etihad Airways P.J.S.C. v. Jane Doe, et vir

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 16-1042 · judgment August 30, 2017

Certiorari denied · April 16, 2018
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Sixth Circuit decision below.

Question presented

Whether Article 17(1) of the Montreal Convention allows recovery for mental or psychic injuries as “damage sustained,” where an “accident” causes a “bodily injury” but the mental or psychic injuries are not caused by or do not flow from the “bodily injury”?

Counsel of record

For petitioner
Andrew J. Harakas
Clyde & CO US LLP

For respondent
Mark Kelley Schwartz
Driggers, Schultz & Herbst

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Apr 16 2018
    Petition DENIED.
  2. Mar 28 2018
    DISTRIBUTED for Conference of 4/13/2018.
  3. Mar 12 2018
    Brief of respondents Jane Doe and John Doe in opposition filed.
  4. Feb 08 2018
    Brief amicus curiae of International Air Transport Association filed.
  5. Feb 06 2018
    Blanket Consent filed by Petitioner, Etihad Airways P.J.S.C..
  6. Jan 29 2018
    Motion to extend the time to file a response is granted and the time is extended to and including March 12, 2018.
  7. Jan 25 2018
    Motion to extend the time to file a response from February 8, 2018 to March 12, 2018, submitted to The Clerk.
  8. Jan 22 2018
    Blanket Consent filed by Respondents, Jane Doe and John Doe.
  9. Jan 22 2018
    Motion of Jane Doe and John Doe for an extension of time not accepted for filing. (January 23, 2018)
  10. Jan 04 2018
    Petition for a writ of certiorari filed. (Response due February 8, 2018)