In a case filed by a bank that lost $2 million that had been placed in baggage checked on a flight, Conner ruled that Eastern Airlines was only responsible for paying $634.90 for the lost money, charged at the standard rate of $9.07 per pound for lost luggage under the terms of the Warsaw Convention.
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On initial appeal, a three-judge panel of the United States Court of Appeals for the Ninth Circuit unanimously affirmed the finding of the District Court that Leptourgou's actions not only met the definition of “accident” under Article 17 of the Warsaw Convention, but also rose to the level of being “wilful misconduct” under Article 25; by passing that threshold, it removed a $75,000 cap on damages.