Author: Allison M. Surcouf

Allison has extensive experience representing aviation and aerospace companies, including foreign and domestic air carriers, as well as aircraft and component part manufacturers, in civil litigation and arbitration involving wrongful…

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Crew’s Imperfect Response to Medical Emergency Does Not Result in Liability for Air Carrier

The Northern District of Texas recently added to a growing body of case law in holding that a crew’s imperfect response to a medical emergency on board an aircraft does…

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Penalties for Noncompliance with Section 111 Medicare Reporting on the Horizon

For more than a decade, the liability insurance market has struggled to comply with mandatory Medicare reporting laws, commonly referred to as Section 111, with trepidation as to when the…

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Lead Insurers Now Allowed to Report Medicare Claims on Behalf of All Insurers on a Policy

The Centers for Medicare and Medicaid Services (CMS) has finally approved lead-only reporting on behalf of all insurers on a subscription policy. In an email from the Division of Medicare…

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Airline Deregulation Act Preempts Claim that Airline Negligently Failed to Prevent Cocaine Being Planted in Baggage

In Wilson v. Caribbean Airlines Ltd., the U.S. District Court for the Eastern District of New York recently held that the Airline Deregulation Act of 1978 (the “ADA”) preempts and…

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An Overview of Federal Law Governing the Carriage of Passengers Who May Have a Communicable Disease on International Flights

On March 11, 2020, the World Health Organization designated the outbreak of COVID-19, also known as Coronavirus, as a pandemic. As communities implement measures to prevent the spread of the…

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CMS Publishes Section 111 Civil Money Penalties Notice of Proposed Rulemaking

The Centers for Medicare and Medicaid Services (CMS) has published a Notice of Proposed Rulemaking (NPRM) as to the regulations that will govern enforcement of the Medicare reporting obligations pursuant…

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CMS Finally Preparing to Issue Section 111 Civil Money Penalties

The Centers for Medicare and Medicaid Services (CMS) is expected finally to begin enforcing the Medicare reporting obligations pursuant to Section 111 of the Medicare and Medicaid SCHIP Extension Act…

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New York State Court Follows Daimler, Dismisses Foreign Component Part Manufacturer for Lack of Personal Jurisdiction

Earlier this month, the New York Supreme Court (Monroe County) added to a growing list of decisions granting foreign defendants’ motions to dismiss for lack of personal jurisdiction since the…

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Small Unmanned Aircraft Systems Finally Approved for Takeoff

The Federal Aviation Administration (FAA) has published the much-anticipated final rule regarding small, i.e., less than 55 pounds, unmanned aircraft systems (UAS), to be codified at 14 C.F.R. Part 107.…

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New Registration Requirements for Small Drone Hobbyists

This week provided another development in the evolving world of drone regulation. The FAA published an Interim Final Rule1 requiring that owners of small drones (between 0.55 and 55 pounds…

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