Gemini on Question 48, Oct 2

Yes, Varghese v. China Southern Airlines Co., Ltd., 925 F.3d 1339 (11th Cir. 2019) is still good law.

It has not been overturned, abrogated, or modified by the Eleventh Circuit sitting en banc or by the United States Supreme Court. Therefore, it remains binding precedent in the Eleventh Circuit (which covers federal courts in Alabama, Florida, and Georgia) and serves as persuasive authority in other jurisdictions.

Background and Context

The case involves the interpretation of the Montreal Convention, an international treaty that governs airline liability for international flights. Under Article 17(1) of the Convention, an airline is only liable for a passenger's bodily injury or death if it was caused by an "accident" (legally defined by the Supreme Court in Air France v. Saks as an "unexpected or unusual event or happening that is external to the passenger").

In Varghese, a passenger suffered a medical emergency (a cardiac event) mid-flight. The flight crew chose not to divert the aircraft to get him immediate medical attention. The legal question was whether the crew's refusal to divert the plane constituted an "accident" under the treaty.

The Holding

The Eleventh Circuit explicitly stated its holding in the opening paragraph of the opinion (at 925 F.3d 1339, 1341):

"This appeal requires us to decide whether a flight crew’s failure to divert a flight to provide medical care for a passenger who becomes ill is an 'accident' under Article 17(1) of the Montreal Convention. We hold that it is not."

The Court further elaborated on its reasoning later in the opinion, concluding that:

"...an airline’s failure to divert is not an 'event or happening.' It is a non-event. It is a refusal to act... Because a failure to divert is not an 'event or happening,' it cannot be an 'accident' under Article 17(1)." (925 F.3d at 1344)

As a result of this holding, the plaintiff could not recover damages from the airline under the Montreal Convention for the worsening of his condition caused by the delayed medical treatment.