$20 Million For ‘One Bad Day’: Passenger Says Delta Flight Attendant Slapped Him, Demands Palestine Training For Everyone

Mohammad Shibli plans to sue Delta Air Lines because he says that a flight attendant slapped him onboard a flight from Atlanta to Fresno on July 29. He was traveling with his wife and two children. He wants $20 million and mandatory Palestine sensitivity training for all Delta employees.

  • Shibli claims that a flight attendant initially refused his request for water because the serving cart wasn’t at their row yet. His two year old was thirsty and he didn’t want to wait. They did get water from another member of the cabin crew.

  • When the flight attendant made it to his row, they had words. He says she later bumped him. And, he says, the crewmember later slapped him open‑handed.

  • At a press conference with his attorneys, they shared a witness statement claiming that the slap was loud enough to be heard through noise‑canceling earbuds.

  • Shibli says he did not retaliate and sat through 4 hours remaining in the trip, feeling humiliated in front of his family. He says law enforcement questioned the flight attendant on arrival.

According to the airline,

While Delta does not comment on internal investigations or pending litigation, we are taking this situation very seriously. This flight attendant has been suspended while the investigation is ongoing,

Shibli is demanding:

  1. One day of Delta Air Lines profits because ‘Delta gave him one bad day’, which they peg at $20 million. (Delta earned $5 billion in pre-tax income last year. That is $13.7 million per day. The high end of earnings guidance for the year pegs profit per day at $11 million. They are taking only the second quarter and rounding up.)

  2. Sensitivity training and education for all Delta employees about Palestine. He says his wife was wearing a Palestine shirt, and notes that Delta won’t allow flight attendants to wear Palestine flag pins.

In fact, Palestine flag pins have always been against Delta’s uniform policy. The airline pretended that it wasn’t, did not discipline cabin crew who wore them, and simply said that prospectively pin choice would be limited. Delta got slammed by the AFA-CWA union anyway, that’s trying to organize the airline.

Here’s the press conference announcing the planned lawsuit.

This is.. obviously not a serious lawsuit. While they can certainly sue in Georgia for assault and battery and intentional infliction of emotional distress, it will be hard to make Delta liable for a slap by a crewmember, and succeed with punitive damages. Even if they can, this case isn’t worth more than $250,000 – $20 million is just passenger fan fiction.

  • Delta will argue that any intentional slap was outside scope of her duties and and purely personal. The plaintiffs need Delta to be vicariously liable for the employee’s peronal assault which faces a high bar in Georgia.

  • The plaintiff will have a hard time showing negligent hiring or supervision, tha the airline knew or should have known this flight attendant had a propensity for violence against passengers without a history of such incidents.

  • We don’t know that the ‘slap’ occurred as-described, and in addition to disputing facts Delta is likely to argue justification, either in terms of self‑defense or that the crewmember was acting in a safety capacity to maintain order against passenger interference. 14 C.F.R. § 121.580 and 49 U.S.C. § 46504 aren’t going to authorize battery as such, but Delta can argue actions were reasonable in context.

  • Delta will certainly argue that the claims are pre-empted by the Airline Deregulation Act, but that has a high bar for personal injury claims in the Eleventh Circuit.

Ultimately though there are two forms of damages on the table:

  • Compensatory: medical costs plus wage loss and pain and suffering. There’s no material medical cost or wage loss here, just embarassment in the passenger’s own words.

  • Punitive: there needs to be clear and convincing proof of willful misconduct, malice, wantonness, etc. on the part of Delta. Outside of product liability or intoxication, this is usually capped in Georgia at $250,000 without specific intent to harm.

Unless Delta told the flight attendant to go attack passengers whose families are wearing Palestine shirts, there’s probably no punitive damages here let alone $20 million. A Georgia jury – even a sympathetic one – cannot legally award this.

But maybe the most 2025 thing ever here is that the passenger is being represented by ‘@CEOLawyer’ and @KarateAttorney.

About Gary Leff

Gary Leff is one of the foremost experts in the field of miles, points, and frequent business travel - a topic he has covered since 2002. Co-founder of frequent flyer community InsideFlyer.com, emcee of the Freddie Awards, and named one of the "World's Top Travel Experts" by Conde' Nast Traveler (2010-Present) Gary has been a guest on most major news media, profiled in several top print publications, and published broadly on the topic of consumer loyalty. More About Gary »

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Comments

  1. I’d bet money the flight attendant did not slap this guy. Just hoping DL throws a couple thousand at him to go away.

  2. I’d’ve asked for a ham sandwich, too, you know, because, that fella’s dreamin’

    … I know, I know …not kosher and probably also haram, too. Upsetting all the sky daddies on here. Sheesh!

  3. While I despise Ed Bastian and his entire organization, I’m rooting for Delta on this one. I hope that Delta bans this lying shred of detritus from ever boarding one of their planes again.

  4. An ambulance chaser of an Attorney and a Palestinian trying to smear Delta. Good luck with that.
    And maybe don’t wear Palestinian flag clothing on your flight….

  5. “the slap was loud enough to be heard through noise‑canceling earbuds”

    That’s just legal theater meant to appeal the kind of jurors who used to eat paste in science class instead of paying attention (and thus have wrong notions of how active noise cancelation works).

  6. One more reason to support Israel!

    BTW is anti Palestinian claims the new racism? Surprised Ben Crump doesn’t have his hand out

  7. His 2 year-old didn’t want to wait for water? I’da slapped the father too. Learn how to manage your kid. This is some entitled BS.

    In other observations, some people think DL is anti-Semitic. Some think DL is islamophobic. If one were to believe all the hyper-sensitive snowflakes out there, DL hates everyone. That must take a lot of work.

  8. @Parker — Which is so funny, because, from my experience comparing the ‘big three’ in the USA, Delta tends to treat passengers the best… maybe, everyone just enjoys ‘hating’ on whatever’s in front of them. As for this ‘case,’ I suspect, undisclosed settlement, or at the very least, lawyers get paid. *wink*

  9. @1990 agreed. Of the big three DL excels on customer service. While they’ve slipped a bit they’re better than UA and light years ahead of AA. This guy is just looking to make a name for himself and a quick buck.

  10. @Parker — And, on-the-ground, I certainly prefer most Sky Clubs to United Clubs or Admirals Clubs, too. For some reason I thought you were based in SoFla (if not, feel free to ignore), but at FLL, for example, the T2 ‘new’ SkyClub with additional expansion is ‘incredible’ compared to the tiny, dank United Club in T1 (and the non-existence of any Admirals Club in T3, though they have that Amex Escapes which sorta makes up for it… and a Zona Fresca, last I checked, which is my local favorite.)

  11. Why is this Hamas warrior on a flight in the U.S? Shouldn’t he be fighting the IDF on the front lines? Palm Beach Boy comes to mind.

  12. Lazy speculation isn’t useful commentary here. Take recreational hate to a reddit forum, where opprobrium is meted out justly.

  13. @WearyWatchdog — Not to get too meta… I’m with you, generally, though half of Gary’s posts are basically copy-paste from Reddit’s r/AirRage (usually bad behavior mixed with racial, political, or other controversial undertones); unfortunately, rage-bait is what juices algorithms, gets clicks, and sells advertisements. Although Gary has said he started the site on a ‘lark,’ it’s still a business, not a charity (unless he’s changed that). That said, less outright animus here and elsewhere would be swell; however, I suppose to have a true free exchange of ideas, we may have to tolerate a few unsavory ones… the bar is low, dog, so, so, low.

  14. I don’t blame the passenger for suing Delta. The flight attendant was wrong to slap him. I do think that Delta employees should not be allowed to wear a pro Palestinian pin. Politics at work should not be allowed.

  15. “the slap was loud enough to be heard through noise‑canceling earbuds”

    That is key, because the earbuds would presumably allow the ‘witness’ to miss the words that preceded the slap. Well played.

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