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…
The issue of whether delay claims brought under Article 19 of the Montreal Convention can be certified for class action treatment under the Federal Rules of Civil Procedure has gained…
The Ninth Circuit recently reinstated a class action against US Airways for the return of baggage fees in the event of delay.1 This holding is notable because it narrowed the…
The U.S. District Court for the Northern District of Illinois recently limited plaintiff’s passenger delay class action in Shabotinsky v. Deutsche Lufthansa AG.1 Plaintiff alleged that he was delayed flying…
On February 2, 2016, the Seventh Circuit Court of Appeals issued its second opinion rejecting passengers’ efforts to obtain compensation for flight delays under Regulation EC (No) 261/2004 (“EU 261”)…
Rule 68 of the Federal Rules of Civil Procedure permits a defendant to make an offer of judgment to resolve the plaintiff’s claims prior to trial in a specified amount.…
On September 17, 2015, the European Court of Justice (“ECJ”) issued its latest interpretation of European Union Regulation (EC) No 261/2004 (“EC 261”). In van der Lans v. KLM, Case…
Between September 2013 and June 2014, six district court judges tasked with determining the enforceability of European Union Regulation (EC) No 261/2004 (“EU 261”) by United States courts unanimously agreed…
The Class Action Fairness Act (“CAFA”) affords federal courts original jurisdiction over class action lawsuits that meet the following three requirements: 1) the class has more than 100 members; 2)…
On June 18, 2014, District Court Judge John A. Tharp of the Northern District of Illinois decided the last of six separate motions filed by airline defendants to dismiss a…
On February 12, 2014, Judge Thomas M. Durkin became the third district court judge to hold that U.S. courts cannot enforce so-called “direct claims” brought under European Union Regulation EU…