GPT on Question 48, Oct 2
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 or vacated. Its central holding concerns the interaction between Article 29 of the Montreal Convention and Alabama’s wrongful-death statute.
The court stated:
“Because Alabama’s wrongful-death damages are punitive and the Montreal Convention prohibits punitive damages, the Vargheses cannot recover damages under Alabama’s Wrongful Death Act.”
Varghese v. China Southern Airlines Co., 925 F.3d 1339, 1350 (11th Cir. 2019).
In short, although the Montreal Convention supplied the exclusive cause of action, domestic law governed the available damages. Alabama law provided only punitive damages for wrongful death, and Article 29 of the Convention expressly bars “punitive, exemplary or any other non-compensatory damages.” Thus, the plaintiffs could not recover under Alabama’s wrongful-death statute.
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