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Tamir v. Virgin Atlantic Airlines

Citation: 205 F. App'x 607Docket: No. 05-55856

Court: Court of Appeals for the Ninth Circuit; November 13, 2006; Federal Appellate Court

Narrative Opinion Summary

Uri Tamir appeals pro se from the district court’s order that granted Virgin Atlantic Airlines' motion for partial summary judgment, which limited his recovery for lost luggage under the Warsaw Convention. The appellate court has jurisdiction because the district court subsequently entered judgment against the defendant. The court reviews the case de novo and affirms the lower court's decision. Tamir has waived any issues on appeal due to his failure to present legal arguments in his opening brief, and the court will not consider claims not explicitly argued. Additionally, the district court correctly found that Tamir did not raise a genuine issue of fact regarding the applicability of Article 22(2) of the Warsaw Convention to Virgin Atlantic’s liability for checked baggage. Consequently, the order granting partial summary judgment is affirmed. The disposition is not intended for publication and cannot be cited in this circuit except as permitted by local rule.

Legal Issues Addressed

Appellate Review and Waiver of Issues

Application: The court affirmed the lower court's decision because the appellant did not present legal arguments in his opening brief, thus waiving any issues on appeal.

Reasoning: Tamir has waived any issues on appeal due to his failure to present legal arguments in his opening brief, and the court will not consider claims not explicitly argued.

Non-Publication and Citation of Judicial Opinions

Application: The disposition of this case is not intended for publication and cannot be cited in this circuit except as permitted by local rule.

Reasoning: The disposition is not intended for publication and cannot be cited in this circuit except as permitted by local rule.

Summary Judgment under the Warsaw Convention

Application: The district court granted partial summary judgment limiting recovery for lost luggage under the Warsaw Convention, as the appellant failed to raise a genuine issue of fact.

Reasoning: Additionally, the district court correctly found that Tamir did not raise a genuine issue of fact regarding the applicability of Article 22(2) of the Warsaw Convention to Virgin Atlantic’s liability for checked baggage.