I would disagree with counsel. Air travel and any damages arrising there from is controled by a tariff the airline has on file with the Federal Government. The tariff controls the terms and condtions of transportation, including damages in the the event something goes wrong. Tariffs typically limit the liability of the carrier. There are also treaties which affects international air travel
New Jersey's Consumer Fraud Act. However, you have to show an intentional act on the part of the airline to deceive or take advantage of the consumer. Their mishandling of your baggage is negligence at best.
Herbert Tan, Esq.
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There are specific federal laws (and where applicable international treaties) that limited the liability of airlines with regard to damage of property. Back in the day the ticket made actual reference to the applicable law. If you go the website of the airline you flew and do a search for lability with regard to suitcase damage they will likely provide the cite to the federal regulation at issue. Otherwise, I quick google search will point you in the right direction.
Best of luck.
DISCLAIMER: Please be advised that this post is not intended to constitute legal advice and is for informational purposes only. This posting in on way creates an attorney client relationship. You should contact an attorney to protect your interests.
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