Schnader Defends Airline from Mistaken-Meal Suit

Law360 noted Schnader’s successful representation of US Airways in the December 13, 2013 article, “3rd Circ. Pans US Airways Passenger’s Mistaken-Meal Suit.”

A unanimous Third Circuit panel rejected a passenger’s argument that the jury disregarded the weight of evidence when it turned down claims that she had requested a gluten-free meal when booking a Rome-to-Philadelphia flight but was served a vegetarian option instead, resulting in an allergic reaction.

According to the opinion, the jury heard testimony from US Airways workers that the passenger had ordered a vegetarian meal rather than gluten-free, had ordered that same meal on her other two previous bookings, and was specifically told on board the flight that her requested meal was vegetarian

“It was reasonable for the jury to conclude based on this evidence that US Airways had not ‘served her a different meal than she ordered or misstated the type of meal she was served,'” the panel said. “Therefore, we will not disturb the jury’s verdict.”

US Airways was represented by Schnader attorneys Bruce P. Merenstein, Stephen J. Shapiro and Arleigh P. Helfer III.