Author: Anthony U. Battista

Anthony represents air carriers, manufacturers and other aviation related entities in complex litigation arising from consumer and commercial transactions. He is lead counsel to numerous airlines, lessors and operators dealing…

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Grieving Families Act Vetoed Again

In June 2022, the New York State legislature passed Senate Bill S74A, also known as the Grieving Families Act (“GFA”). As discussed in previous client bulletins, the GFA, supported by…

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Revised Grieving Families Act Introduced

In June 2022, the New York State legislature passed Senate Bill S74A, also known as the Grieving Families Act (“GFA”). The GFA, supported by a coalition of families and their…

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New York Supreme Court Holds an Out Of Possession Landlord Is Not Liable for an Alleged Defect as It Is Not Contractually Responsible for Repairs or Maintenance of Its Property

In Compeau v. Metro. Museum of Art, 2023 Slip Op 30541(U), (NY Sup. Ct. 2023), the Court granted defendant New York City’s (“NYC”) motion to dismiss on the grounds that…

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The Grieving Families Act Halted at Deadline

In June of 2022, the New York State Senate and Assembly passed Senate Bill S74A, also known as the Grieving Families Act (“GFA”). The GFA, supported by a coalition of…

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U.S. District Court Denies Boeing Motion to Dismiss Fraud and Misrepresentation Claims Arising from the 737 MAX Grounding

On September 30, 2022, the U.S. District Court for the Western District of Washington issued an Order denying The Boeing Company’s (“Boeing”) motion to dismiss Polskie Linie Lotnicze LOT S.A.’s…

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Texas State Court of Appeals Revives SWAPA’s Action Against Boeing Ruling that the RLA Does Not Preempt SWAPA’s State-Law Claims

On March 30, 2022, the Court of Appeals for the Fifth District of Texas reversed the Dallas trial court’s order granting The Boeing Company’s (“Boeing”) Plea to the Jurisdiction1 and…

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Eleventh Circuit Court of Appeals Affirms Jury Verdict and Denies Plaintiffs’ Motion for New Trial

On April 27, 2020, a three-judge panel for the U.S. Court of Appeals for the Eleventh Circuit affirmed the District Court’s denial of Plaintiffs’ motion for a new trial.1 Plaintiff…

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Air Carriers Are Defeating Lawsuits Filed by a Corporation Seeking Compensation on Behalf of Passengers Under EU 261

Pursuant to a regulation of the European Union known as EU 261,1 a passenger who experiences a flight delay or cancellation when traveling to or from Europe may receive a…

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European Court of Justice Extends EU 261 to Compensate Passengers for Connecting Flight Delays and Cancellations

On July 11, 2019, the European Court of Justice (“ECJ”) issued a decision holding that European Union Regulation (EC) No 261/2004 (“EU 261” or the “Regulation”), which entitles certain passengers…

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U.S. District Court Rejects Passenger’s Attempt to Commence Class Action Litigation Based on Class Action Waiver Provision in Ticket Contract

On February 1, 2019, the U.S. District Court for the Southern District of Florida rejected a passenger’s third attempt to pursue a putative class action lawsuit against Royal Caribbean Cruises…

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