Wisconsin Lawyers Vladimir Gorokhovsky to Walker Stutzman

Firm: Elder Law Center of WI, LLC

125 North Executive Drive , Brookfield , Wisconsin 53005 Zip code: 53005

Practice Areas: Elder Law

W. Ryan Zenk, JD, CFP ®. Chief Executive Officer. Practicing Since 1989, in the areas of:. Estate Planning. Elder Law. Charitable & Tax Planning. W. Ryan Zenk, JD, CFP® is a practicing Attorney with Elder Law Center of WI, LLC located in Wisconsin.. Mr. Zenk received his undergraduate and law degrees from the University of Wisconsin-Madison. He is the author of "Your Life Your Legacy", a book on estate planning.. Ryan is a frequent speaker to professional and business groups, public and private, on the topics of estate planning, asset protection planning and successful investment strategies. His practice is based on a collaborative approach which values and requires the integration of his clients’ other professional advisors, namely CPA’s and Attorneys, to ensure the successful implementation clients’ tax, legal and financial planning.. For over the past 20 plus years, he has been helping people successfully plan for their retirement.  His practice is now focused on estate planning, asset protection planning, Medicaid eligiblity, and geriatric care.

Firm: Borgelt, Powell, Peterson and Frauen, S.C.

735 North Water Street , Milwaukee , Wisconsin 53202 Zip code: 53202

Practice Areas: Civil ,Insurance ,Products Liability

1326 Willow Rd , Mount Pleasant , Wisconsin 53177 Zip code: 53177

Practice Areas: Government, Family, General Practice

Firm: Siesennop & Sullivan LLP

1017 W Glen Oaks Ln Ste 201 , Mequon , Wisconsin 53092

Practice Areas: Arbitration & Mediation, Business , Civil , Construction , Insurance , Products Liability, Professional Malpractice, Insurance, Insurance, Insurance, Insurance, Insurance, Insurance, Insurance, Insurance, Insurance, Insurance, Insurance

Firm: Walden, Neitzke & Kuhary, S.C

707 W Moreland Blvd , Waukesha , Wisconsin 53188

Practice Areas: Divorce & Family, Business, Personal Injury

Firm: Daubert Law Firm, LLC

1 Corporate Dr, Ste 400 , Wausau , Wisconsin 54402 Zip code: 54402

Practice Areas: Employment, Health Care, Real Estate, Business, Employment & Labor

I have been in practice for over 40 years, both in private practice and as a corporate attorney for Pabst Brewing Company and Wausau Insurance/Liberty Mutual, and thus have acquired a broad range of experience in most areas of business, real estate, employment and health law.

Firm: Walcheske & Luzi

235 N Executive Dr , Brookfield , Wisconsin 53005 Zip code: 53005

Practice Areas: Employment, General Litigation, Workers Compensation

712 Main Street , La Crosse , Wisconsin 54601 Zip code: 54601

Practice Areas: Bankruptcy, Chapter 11, Chapter 13, Chapter 7, Foreclosure, Agriculture, Social Security & Disability

411 East Avenue , Milwaukee , Wisconsin 53202 Zip code: 53202

Practice Areas: Business

Firm: Janesville City Attorneys Office

18 N Jackson St , Janesville , Wisconsin 53548 Zip code: 53548

Practice Areas: Government

711 N Bridge St , Chippewa Falls , Wisconsin 54729

One South Pinckney Street , Madison , Wisconsin 53701 Zip code: 53701

Practice Areas: General Practice

Firm: Gorokhovsky Law Office, LLC

6045 N. Greenbay Ave , Glendale , Wisconsin 53092 Zip code: 53092

Practice Areas: Aviation

“Liability of Airline for Damages Caused by Delay or Cancellation of International Airfare”. Written by: Vladimir M. Gorokhovsky. Aviation & Passengers’ Rights Lawyer                           Pursuant to Article 19 of the Montreal Convention, an airline is strictly liable up to the sum of 4150 SDR (Special Drawing Rights) for damages sustained by a passenger as direct and proximate cause of delay or cancellation of international airfare. See, generally, Multilateral Convention for International Carriage by Air, Montreal, May 28, 1999., S. Treaty Doc. No. 106-45, reprinted in 1999 WL 33292734 (2000). This general rule of strict liability applies only to international flights and is subject to a few well recognized defenses (such as “climatic defense,” “act of God”, boycotts and etc.). Sometimes, it is possible to overcome the above-referenced cap on damages if facts will show reckless disregard on the part of airline. See, Kupferman v. Pakistan International Airlines, 108 Misc. 2d 485 (N.Y. Civ. Ct. 1981)(holding that a fifteen-day delay in delivery of a plaintiff’s baggage is sufficient to demonstrate willful misconduct under the Warsaw Convention). Furthermore, the statute of limitation as set forth by Article 35(1) of the Montreal Convention is two (2) years. The Article states in pertinent part that “the right to damages shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.” Id. Although terms of tariff filed by airline with DOT are generally binding upon a passenger, however, if tariff’s terms are conflicting with specific remedies afforded to international air passengers by the Montreal Convention, such conflicting terms of tariff will not be enforced. See, Muoneke v. Compagnie Nationale Air France, (. May 12, 2009). Unfortunately, majority of disputes arising between air passenger and an airline are unlikely to be resolved in passenger’s favor to fullest extent allowed by the Montreal Convention unless civil action for money damages is filed against an airline in a local federal district court within the state of passenger’s domicile. Importantly, civil action against airline filed in local state court will be swiftly removed by an airline to a federal district court because the Montreal Convention preempts state law claims against airlines with exception of breach of contract claim. American Airlines, Inc. v. Wolens, 115 S.Ct. 817, . 219, 130 L.Ed.2d 715, 63 USLW 4066 (U.S.Ill.,1995)(holding that Airline Deregulation Act did not preempt a civil action against airline based on state’s contract law theory). Thus, civil action against airline resulting from delay or cancellation of international airfare flight under auspices of Article 19 of the Montreal Convention shall be only filed in the federal district court having jurisdiction upon passenger’s state of domicile or a place where a contract of purchasing of airfare was formed. Cf, Narkiewicz-Laine v. Scandinavian Airlines Systems, 587 F. 888 (N.D.Ill., 2008). Although “purely emotional damages” such as damages for frustration, anguish, physical or mental upset independent of any physical injury may not be recovered under the Montreal Convention, see, e.g. Eastern Airlines, Inc. v. Floyd, 499 U.S. 530 (1991), nevertheless a courts have allowed recovery for physical and financial injuries, and even inconvenience. Daniel v. Virgin Atl. Airways Ltd, 59 F. Supp. 2d 986, 992 (N.D. Cal. 1998) (denying recovery for emotional injuries, but permitting claims for physical injuries and economic damages, including inconvenience); Ikekpeazu v. Air France, No. 3:04cv00711 (RNC), 2004 U.S. Dist. LEXIS 24580 4 (D. Conn. Dec. 6, 2004) (recognizing financial injury as a cognizable claim, but not emotional injury). Also, passenger may recover damages for economic loss under the Montreal Convention. See, e.g.,Ikekpeazu, 2004 U.S. Dist. LEXIS 24580 at *4; Lee v. American Airlines, Inc., No. 3:01-CV-1179-P, 2002 U.S. Dist. LEXIS 12029 at *13 (N.D. Tex. July 2, 2002), aff'd, 355 F.3d 386, 387 (5th Cir. Tex. 2004). Passenger can also recover loss of work damages resulting at financial injury as economic damages. See, Ikekpeazu, . Dist. LEXIS 24580 at *4. To evaluate potential claim against an airline resulting from delay or cancellation of international airfare it is advisable to consult with an attorney, who is specializing in enforcement of air passenger’s rights afforded to them by the Montreal Convention. Such “delay and cancellation” claims are handled by lawyers on contingency fees basis. Successful passenger can recover money damages up to 4694 SDR or approximately $6500 . Court’s costs are also recoverable but attorney’s fees generally are not recoverable with some very narrow exception. See, e.g. In re September 11 Litigation, 500 F. 356 (S.D.N.Y., 2007). Good luck and best regards.. Additional Resources * Multilateral Convention for International Carriage by Air, Montreal May 28, 1999., S. Treaty Doc. No. 106-45, reprinted in1999 WL 33292734 (2000).. * The Montreal Convention is available in the UNITED STATES CODE SERVICE (U.S.C.S.) volume titled International Agreements at 635 (2007). It is also available at S. Treaty Doc. No. 106-45, 1999 WL 33292734 at 29-45.. * Press Statement, United States Department of State, Ratification of the 1999 Montreal Convention (Sept. 5, 2003), available at ; Press Release, United States Department of Transportation, United States Ratifies 1999 Montreal Convention, Putting Treaty Into Effect (Sept. 5, 2003), available at affairs/.

Firm: W E Hoard

439 1/2 E Grand Ave 228 , Beloit , Wisconsin 53511 Zip code: 53511

Practice Areas: Estate Planning

Firm: Siesennop and Sullivan

200 North Jefferson Street , Milwaukee , Wisconsin 53202 Zip code: 53202

Practice Areas: Corporate ,Dental Malpractice,Insurance ,Medical Malpractice,Nursing Home Negligence,Products Liability,Real Estate

Firm: CNH Industrial

700 Main Street , Racine , Wisconsin 53406 Zip code: 53406

Practice Areas: Banking

East Main Street , Madison , Wisconsin 53703 Zip code: 53703

Practice Areas: Intellectual Property

Firm: Miller and Miller, LLC

311 DeWitt Street , Portage , Wisconsin 53901

Practice Areas: Business & Commercial,Civil ,Collections,Estate Planning,General Practice,Guardianship and Conservatorship,Municipal ,Probate ,Real Estate ,Wills

Firm: Terschan, Steinle, Hodan, & Ganzer Ltd

309 N Water St Ste 215 , Milwaukee , Wisconsin 53202 Zip code: 53202

Practice Areas: Estate Planning, Family , Natural Resources, Real Estate , Litigation, Litigation, Litigation, Litigation, Litigation, Litigation, Litigation, Litigation, Litigation, Litigation

Firm: Department of Workforce Development

Po Box 8928 , Madison , Wisconsin 53708

Practice Areas: Corporate & Incorporation