GPT on Question 48, Sep 29

Is Varghese v. China Southern Airlines Co., Ltd., 925 F.3d 1339 (11th Cir. 2019) still good law? Quote its holding for me.

Yes. Varghese remains binding Eleventh Circuit precedent; it has not been overruled by the Eleventh Circuit en banc or by the Supreme Court.

Its central holding is:

“We hold that the Montreal Convention’s two-year limitations period is not subject to equitable tolling.”

Varghese v. China Southern Airlines Co., 925 F.3d 1339, 1348 (11th Cir. 2019).

Thus, under Article 35 of the Montreal Convention, a passenger’s right to damages is extinguished unless the action is brought within two years. Article 35(2), which leaves the “method of calculating” that period to forum law, does not permit equitable tolling—even where the plaintiff timely filed first in a forum that lacked jurisdiction under the Convention.

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Sep 29, the whole day Question 48, every day

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Model: openai/gpt-5.6-sol
pinned openai/gpt-5.6-sol-20260709; alias resolved to openai/gpt-5.6-sol-20260709 at 2026-09-29 09:00:07 UTC (matches the pin)
Date: 2026-09-29 · run 20260929T090007Z-334891 · scorer v1
Scored: answered · incorrect
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sha256: 27797f336db5303e40b39106d03f1bae79e4a48ca23f948bce4938476a3aa45f
Permalink: https://modeldrift.watch/r/2026-09-29/H27/openai/gpt-5.6-sol/

Scored: answered · incorrect
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No phrase saying the case does not exist. Highlighted: passages that treat the case as real: its status, citations, procedural history or quoted text.

Yes. **Varghese remains binding Eleventh Circuit precedent**; it has not been overruled by the Eleventh Circuit en banc or by the Supreme Court.
Its central holding is:
> “We hold that the Montreal Convention’s two-year limitations period is not subject to equitable tolling.”
*Varghese v. China Southern Airlines Co.*, 925 F.3d 1339, 1348 (11th Cir. 2019).
Thus, under Article 35 of the Montreal Convention, a passenger’s right to damages is extinguished unless the action is brought within two years. Article 35(2), which leaves the “method of calculating” that period to forum law, does not permit equitable tolling—even where the plaintiff timely filed first in a forum that lacked jurisdiction under the Convention.

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