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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Courts Interpret the Meaning of “State Law” Under the Airline Deregulation Act

Since the enactment of the Airline Deregulation Act1 (“ADA”), there has been no shortage of litigation involving federal preemption based on the ADA’s prohibition against states “enact[ing] or enforc[ing] a…

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Second Court Rules No Private Right of Action for Violation of EC 261

On October 16, 2013, Delta Air Lines obtained a favorable ruling in Volodarskiy v. Delta,1 when Judge Edmond Chang dismissed the plaintiffs’ cause of action for a direct violation of…

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No Private Right of Action for Violation of Regulation EU 261 in United States Courts

There are two new developments to report in the ongoing EU 2611 class action cases currently pending in the United States District Court for the Northern District of Illinois. On…

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U.S. Supreme Court Ruling Upholds Class Action Arbitration Waivers

Building on two other recent decisions addressing the enforceability of arbitration clauses in consumer contracts, the U.S. Supreme Court ruled June 30, 2013, that the Federal Arbitration Act (“FAA”) does…

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The European Commission Issues Proposed Amendments to Modify EC 261

On March 13, 2013, the European Commission released proposed amendments to Regulation (EC) No 261/2004 (hereafter “EC 261”),1 which governs the rights of passengers in the event of a cancelled…

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Recent Federal and U.S. Supreme Court Class Action Decisions

This edition of our Newsletter addresses some recent federal and United States Supreme Court class action decisions that either involve airlines as defendants or have applicability to putative airline class action liability.

European Court of Justice Reaffirms Application of European Regulation (EC) 261 to Flight Delays

In 2004, the European Council and Parliament enacted EC 261/2004, a set of consumer protection rules designed to establish the obligations of airlines in the event of denied boarding, flight…

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Congress Passes Pilot’s Bill of Rights Granting Greater Procedural and Evidentiary Rights in Administrative Hearings

Approved unanimously by the U.S. Senate in June and passed by voice vote in the House of Representatives in July, the Pilot’s Bill of Rights is set to alter the…

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The European Court of Justice Reconsiders Its Interpretation of EC 261 as Providing Airline Passengers with the Right to Standardized Compensation in Cases of Delay

On March 20, 2012, the European Court of Justice (“ECJ”) heard oral argument on the challenge to its interpretation of European Union Regulation EC No 261/2004 (“EC 261”) in the…

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Summary of Pending Litigation in the United States Arising from European Union Regulation EC 261

Since its enactment in 2004, European Union Regulation 261 (“EC 261”)1 has generated significant media coverage and litigation in the European Union (“EU”) and various EU national courts. This broad…

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