”). The Montreal Convention establishes a presumption of liability against air carriers for three categories of damages arising out of the international carriage of passengers or goods. Article 17 provides carrier liability for the death or bodily injury of a passenger, or the destruction, loss of, or damage to her baggage provided that the harm “took place on board the aircraft or in the course of any of the operations of embarking or disembarking.” Montreal Convention, art. 17. Article 18 provides carrier liability “for damage sustained in the event of the destruction or loss of, or damage to, cargo upon condition only that the event which caused the damage so sustained took place during the carriage by air.” Montreal Convention, art. 18. F 520 F.Supp.2d 447, 455 (E.D.N.Y.2007) (<HOLDING>); Weiss v. El Al Israel Airlines, Ltd., 433
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 holding that the plaintiffs claims fell outside the scope of the forum selection clause because they were either not related to the contract such as claims that the defendants made disparaging and untrue statements to plaintiffs customers  or concerned conduct that occurred after the contract was terminated 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 holding that additional claims brought under state law are preempted by the montreal convention holding that passengers discrimination claims brought under 42 usc  1981 fell within the substantive scope of and were preempted by the warsaw convention because the claims arose from events that occurred during the course of embarkation of an international flight