Muslim Family Kicked Off Delta Flight, But Can't Sue Due to International Treaty

The Montreal Convention limits airline liability, preventing the family from getting their day in court.

Apr. 3, 2026 at 6:34pm

Got story updates? Submit your updates here. ›

A quiet, cinematic painting of a solitary airport terminal gate at dusk, with warm, diagonal sunlight and deep shadows creating a melancholy, isolated mood.The alleged 'flying while Muslim' incident on Delta highlights how international air travel treaties can limit passengers' legal options for addressing claims of discrimination.Baltimore Today

A Muslim family says they were wrongfully deplaned from a Delta flight from Atlanta to Baltimore in 2019 due to their ethnicity, but a Maryland appeals court ruled they cannot pursue the case further because the Montreal Convention, which governs international air travel, does not allow lawsuits without proof of bodily injury or death.

Why it matters

This case highlights the limitations of the Montreal Convention, an international treaty that aims to provide a uniform set of rules for airline liability, but may prevent passengers from seeking justice for incidents of discrimination or mistreatment that do not result in physical harm.

The details

According to the complaint, on April 8, 2019, Hisham Kassab was traveling home from Rome to Baltimore via Atlanta with his young sons. They boarded their Atlanta – Baltimore flight, but were kicked off without explanation. Kassab denies using profanity and says they were deplaned for being Muslims of Middle Eastern origin. He sought over $100,000 in damages, but the court ruled the Montreal Convention applies since this was an international journey, and without proof of accident or bodily injury, no damages can be obtained.

  • On April 8, 2019, the incident occurred on the Delta flight from Atlanta to Baltimore.
  • Kassab sued Delta three years after the incident, in 2022.

The players

Hisham Kassab

A Muslim passenger who was traveling from Rome to Baltimore with his young sons when they were allegedly kicked off a Delta flight in Atlanta due to their ethnicity.

Delta Air Lines

The airline that allegedly deplaned the Kassab family from the flight from Atlanta to Baltimore.

Maryland Appeals Court

The court that ruled the Montreal Convention applies to this case, preventing the Kassab family from pursuing their lawsuit against Delta.

Got photos? Submit your photos here. ›

What they’re saying

“Kassab had used profanities in a discussion with the gate agent.”

— Gate agent, flight attendant, and some passengers

“I was completely polite, and our conduct was benign, non-disruptive, and non-threatening.”

— Hisham Kassab, Passenger

What’s next

The court's decision in this case is 'unreported', meaning it is not considered legal precedent. It remains to be seen if the Kassab family will pursue further legal action or if this incident will lead to any changes in the Montreal Convention's limitations on airline liability.

The takeaway

This case highlights the tension between the Montreal Convention's goal of providing a uniform set of rules for international air travel and the need to ensure passengers, especially marginalized groups, have recourse for incidents of discrimination or mistreatment that do not result in physical harm. The lack of legal remedy in this case raises concerns about the fairness and effectiveness of the current international air travel liability framework.