Task: Wrong Candidate Generation
Input (English): to this liability scheme is “in the case where, by express agreement, the first carrier has assumed liability for the whole journey.” Id. Thus, the key issue is whether United qualifies as a contracting carrier under the Montreal Convention. First, as a threshold matter, because the Montreal Convention provides the exclusive remedy for Plaintiffs, any theory of agency liability concerping airlines involved in the underlying ticket transaction or accident must arise from a provision of the Convention itself. See Paradis v. Ghana Airways, Ltd., 348 F.Supp.2d 106, 111 (S.D.N.Y. 2004), aff'd, 194 Fed.Appx. 5 (2d Cir. 2006) (“The Conventions preempt all state law claims within their scope.”); see also, Asiedu-Ofei v. South African Airlines, 2016 WL 8229875, at *2 (E.D. Va. June 17, 2016) (<HOLDING>); Shirobokova v. CSA Czech Airlines, Inc., 376 
 Holding statements: (A) holding plaintiffs claims were not preempted by the montreal convention because they were grounded in a cause of action for nonperformance of a contract and not delay (B) holding plaintiffs breach of contract claims fell outside the scope of the montreal convention because the plain language of article 19 of the montreal convention indicates that it governs claims for delay not nonperformance (C) holding that additional claims brought under state law are preempted by the montreal convention (D) holding that the plaintiffs state law claims are preempted by federal law (E) holding the state law claims were not preempted
Output (English): holding plaintiffs claims were not preempted by the montreal convention because they were grounded in a cause of action for nonperformance of a contract and not delay