Report
Mata v. Avianca — ECF 21 (Affirmation in Opposition)
19 authorities checked
How this report was built
AI inference calls
0
Citations parsed
19
Sources queried
4
Cornell LII, CourtListener, Internet Archive (RECAP), State code databases
Source texts retrieved
11
Quotes checked
3
1 matched in source text
Verification runs deterministically against authoritative public databases. Your brief is not sent to OpenAI, Anthropic, Google, or any other third-party model.
Click any citation below to see how we verified it, the matched source, and a per-quote breakdown.
§Authorities
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1 Ashcroft v. Iqbal, 556 U.S. 662 (2009) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
Pass· 1 of 1 located
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Ashcroft v. Iqbal”.
View matched opinion on CourtListener →
Quotes attributed to this authority
“threadbare recitals of the elements”
Found word-for-word in the opinion.
2 Doe v. United States, 419 F.3d 1058 (9th Cir. 2005) clean
Case exists as cited?
Pass
· medium confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
N/A
· no quotes to check
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Doe v. United States”.
View matched opinion on CourtListener →
3 Shaboon v. Egyptair, 2013 IL App (1st) 111279-U (Ill. App. Ct. 2013) flagged
Case exists as cited?
Not verified
Opinion text retrieved?
No
Quotes found in opinion?
N/A
· no quotes to check
Why we flagged this
- No matching case-law record found via CourtListener (citation lookup, docket lookup, name search), court-specific adapters, govinfo, or web search. The citation triple did not appear in any of our case-law databases.
4 Peterson v. Iran Air, 905 F. Supp. 2d 121 (D.D.C. 2012) brief quality flagged
Case exists as cited?
Not verified
Opinion text retrieved?
No
Quotes found in opinion?
N/A
· no quotes to check
Brief-quality observations
- Citation triple resolves in CourtListener to 'United States of America v. Iss Marine Services, Inc.', not 'Peterson v. Iran Air'.
5 Ehrlich v. American Airlines, Inc., 360 N.J. Super. 360 (App. Div. 2003) brief quality flagged
Case exists as cited?
Not verified
Opinion text retrieved?
No
Quotes found in opinion?
N/A
· no quotes to check
Brief-quality observations
- Brief cites this case at N.J. Super. Ct. App. Div., but an exact-name docket exists at E.D.N.Y. Could be a brief typo or a separate ruling after a venue transfer.
6 Martinez v. Delta Airlines, Inc., 2019 WL 4639462 (Tex. App. Sept. 25, 2019) brief quality flagged
Case exists as cited?
Not verified
Opinion text retrieved?
No
Quotes found in opinion?
N/A
· no quotes to check
Brief-quality observations
- Brief cites this case at Tex. App., but an exact-name docket exists at D. Utah. Could be a brief typo or a separate ruling after a venue transfer.
7 Estate of Durden v. KLM Royal Dutch Airlines, 2017 WL 2418825 (Ga. Ct. App. June 5, 2017) flagged
Case exists as cited?
Not verified
Opinion text retrieved?
No
Quotes found in opinion?
N/A
· no quotes to check
Why we flagged this
- No matching case-law record found via CourtListener (citation lookup, docket lookup, name search), court-specific adapters, govinfo, or web search. The citation triple did not appear in any of our case-law databases.
8 Varghese v. China Southern Airlines Co., Ltd.. 925 F.3d 1339 (11th Cir. 2019) flagged
Case exists as cited?
Not verified
Opinion text retrieved?
No
Quotes found in opinion?
N/A
· opinion text unavailable
Why we flagged this
- No matching case-law record found via CourtListener (citation lookup, docket lookup, name search), court-specific adapters, govinfo, or web search. The citation triple did not appear in any of our case-law databases.
- We couldn't retrieve the source text from any of our public sources.
Why we couldn't check the quotes
We couldn't retrieve any opinion text for this citation from our public sources. The case may only be available on a paid service like Westlaw or Lexis. Without the text, we can't check whether the brief's quotes appear in the opinion.
Quotes attributed to this authority
These quotes have not been verified because the opinion text wasn't available.
Appellants argue that the district court erred in dismissing their claims as untimely. They assert that the limitations period under the Montreal Convention was tolled during the pendency of the Bankruptcy Court proceedings. We agree. The Bankruptcy Code provides that the filing of a bankruptcy petition operates as a stay of proceedings against the debtor that were or could have been commenced before the bankruptcy case was filed. 11 U.S.C. § 362(a). The tolling effect of the automatic stay on a statute of limitations is generally a matter of federal law. See Kaiser_ Steel Corp. v. W.S. Ranch Co., 391 U.S. 593, 598. 88 S. Ct. 1753, 20 L.Ed.2d 835 (1968). We have previously held that the automatic stay provisions of the Bankruptcy Code may toll the statute of limitations under the Warsaw Convention, which is the precursor to the Montreal Convention. See Zicherman v. Korean Air Lines Co., Ltd., 516 F.3d 1237, 1254 (11th Cir. 2008). We see no reason why the same rule should not apply under the Montreal Convention. Congress enacted the Montreal Convention to 'modernize and unify the Warsaw Convention system by establishing new and uniform rules governing the international carriage of persons, baggage, and cargo. "El Al Israel Airlines. Ltd. v. Tseng, 525 U.S. 155, 161, 119 S.Ct. 662, 142 L.Ed.2d 576 (1999). In doing so, Congress sought to provide passengers with greater certainty and predictability in the event of an accident. Id. at 166, □□ S. Ct. 662. Allowing the tolling of the limitations period during the pendency of bankruptcy proceedings furthers this goal by ensuring that passengers have a meaningful opportunity to bring their claims for compensation.
Not verified: opinion text unavailable.
9 Kaiser_ Steel Corp. v. W.S. Ranch Co., 391 U.S. 593, 598. 88 S. Ct. 1753, 20 L.Ed.2d 835 (1968) Appears only within the block quote of Varghese v. China Southern Airlines Co., Ltd.. and Zicherman v. Korean Air Lines Co., Ltd. clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
N/A
· no quotes to check
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Kaiser Steel Corp. v. W. S. Ranch Co”.
View matched opinion on CourtListener →
10 Zicherman v. Korean Air Lines Co., Ltd., 516 F.3d 1237, 1254 (11th Cir. 2008) Also appears within the block quote of Varghese v. China Southern Airlines Co., Ltd.. flagged
Case exists as cited?
Not verified
Opinion text retrieved?
No
Quotes found in opinion?
N/A
· opinion text unavailable
Why we flagged this
- No matching case-law record found via CourtListener (citation lookup, docket lookup, name search), court-specific adapters, govinfo, or web search. The citation triple did not appear in any of our case-law databases.
- We couldn't retrieve the source text from any of our public sources.
Why we couldn't check the quotes
We couldn't retrieve any opinion text for this citation from our public sources. The case may only be available on a paid service like Westlaw or Lexis. Without the text, we can't check whether the brief's quotes appear in the opinion.
Quotes attributed to this authority
These quotes have not been verified because the opinion text wasn't available.
We agree with the district court that the statute of limitations in this case was tolled by the filing of Korean Air's bankruptcy petition. Section 362 of the Bankruptcy Code provides that the filing of a bankruptcy petition operates as a stay of proceedings against the debtor that were or could have been commenced before the bankruptcy case was filed. 11 U.S.C. § 362(a)(1). The tolling effect of the automatic stay on a statute of limitations is generally a matter of federal law. Kaiser Steel Corp. v. W.S. Ranch Co., 391 U.S. 593, 88 S.Ct. 1753, 20 L.Ed.2d 835 (1968). Korean Air filed for bankruptcy on December 23, 1998, and appellants filed their initial complaint on December 17, 2001, within three years of the accident but after the expiration of the limitations period. The bankruptcy court lifted the stay as to appellants' claims on December 10, 2001. We agree with the district court that the filing of the bankruptcy petition tolled the statute of limitations until the stay was lifted as to appellants' claims. Appellants contend that the Warsaw Convention, which governs liability for international air travel, preempts any tolling of the limitations period by the automatic stay provision of the Bankruptcy Code. We disagree. Although the Warsaw Convention provides a two-year limitations period for personal injury claims, it does not contain any provision addressing the tolling of that limitations period. In the absence of such a provision, we have held that the automatic stay provision of the Bankruptcy Code may toll the statute of limitations under the Warsaw Convention. Miller v. United Airlines. Inc., 174 F.3d 366, 371-72 (2d Cir. 1999); In re Air Crash Disaster Near New Orleans, La., 821 F.2d 1147, 1165 (5th Cir. 1987).
Not verified: opinion text unavailable.
11 El Al Israel Airlines. Ltd. v. Tseng, 525 U.S. 155, 161, 119 S.Ct. 662, 142 L.Ed.2d 576 (1999) Appears only within the block quote of Varghese v. China Southern Airlines Co., Ltd.. clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
N/A
· no quotes to check
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “El Al Israel Airlines, Ltd. v. Tsui Yuan Tseng”.
View matched opinion on CourtListener →
12 Miller v. United Airlines. Inc., 174 F.3d 366, 371-72 (2d Cir. 1999) Appears only within the block quote of Zicherman v. Korean Air Lines Co., Ltd. flagged
Case exists as cited?
Not verified
Opinion text retrieved?
No
Quotes found in opinion?
N/A
· no quotes to check
Why we flagged this
- No matching case-law record found via CourtListener (citation lookup, docket lookup, name search), court-specific adapters, govinfo, or web search. The citation triple did not appear in any of our case-law databases.
13 In re Air Crash Disaster Near New Orleans, La., 821 F.2d 1147, 1165 (5th Cir. 1987) Appears only within the block quote of Zicherman v. Korean Air Lines Co., Ltd. clean
Case exists as cited?
Pass
· medium confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
N/A
· no quotes to check
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Trivelloni-Lorenzi v. Pan American World Airways, Inc”.
View matched opinion on CourtListener →
14 11 U.S.C. § 362 Appears only within the block quote of Varghese v. China Southern Airlines Co., Ltd.. and Zicherman v. Korean Air Lines Co., Ltd. clean
Citation exists?
Pass
· high confidence
Source text retrieved?
Yes
Quotes found in source?
N/A
· no quotes to check
How we matched this
Matched on Cornell Law's online code (LII).
View text on Cornell Law (LII) →
15 Federal Rule of Civil Procedure 12(b)(6) clean
Citation exists?
Pass
· high confidence
Source text retrieved?
Yes
Quotes found in source?
N/A
· no quotes to check
How we matched this
Matched on Cornell Law's online code (LII).
View text on Cornell Law (LII) →
16 Section 214 (5) of the New York Civil Practice Law and Rules clean
Citation exists?
Pass
· medium confidence
Source text retrieved?
Yes
Quotes found in source?
N/A
· no quotes to check
How we matched this
Matched on the state code's official online publication.
View text on state code →
17 the Montreal Convention Also appears within the block quote of Varghese v. China Southern Airlines Co., Ltd.. clean
Citation exists?
Pass
· high confidence
Source text retrieved?
Yes
Quotes found in source?
N/A
· no quotes to check
18 Article 35 of the Montreal Convention clean
Citation exists?
Pass
· high confidence
Source text retrieved?
Yes
Quotes found in source?
N/A
· no quotes to check
19 the Warsaw Convention Appears only within the block quote of Varghese v. China Southern Airlines Co., Ltd.. and Zicherman v. Korean Air Lines Co., Ltd. clean
Citation exists?
Pass
· high confidence
Source text retrieved?
Yes
Quotes found in source?
N/A
· no quotes to check