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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Eleventh Circuit Clarifies an Airline’s Qualification as a Government-Owned Entity

On August, 20, 2015, in Singh v. Caribbean Airlines Ltd., the United States Court of Appeals for the Eleventh Circuit affirmed the United States District Court for the Southern District…

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Federal Court in Florida Clarifies Standard of Liability on Failure to Divert Claims

Following a three week bench trial, during which testimony from 14 fact witnesses and 20 expert witnesses was heard, Hon. Cecilia M. Altonaga of the Southern District of Florida (Miami)…

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New York State Court Defines the Federal Standard of Care Under the Federal Aviation Act of 1958

The U.S. District Court for the Western District of New York and the Supreme Court of the State of New York, Erie County, have previously held that the Federal Aviation…

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Significant Developments in Medicare Law

In Haro v. Sebelius, No. 11-16606, 2014 WL 21353 (9th Cir. Jan. 2, 2014), the Ninth Circuit Court of Appeals addressed who may be liable to reimburse the U.S. government’s…

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U.S. District Court Defines the Federal Standard of Care Under the Federal Aviation Act of 1958

We have previously reported on developments regarding federal preemption of the Federal Aviation Act of 1958 and corresponding regulations.1 In the context of the Continental Connection Flight 3407 (operated by…

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Judgment Entered for Defendant After Trial on Plaintiffs’ Denied Boarding and Race Discrimination Claims

After a four day bench trial, Hon. William F. Kuntz, II, of the Eastern District of New York directed that judgment be entered in favor of Saudi Arabian Airlines (“Saudia”)…

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The Second Circuit Holds That County’s Emergency Response to Airplane Crash Is Not Subject to Reimbursement

The U.S. Court of Appeals for the Second Circuit recently affirmed the district court’s dismissal of the claims of Erie County, New York against Colgan Air, Pinnacle Airlines, and Continental Airlines, seeking to recover…

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New York State Court Holds State Law Standards Preempted By Federal Aviation Act of 1958

A recent Memorandum Decision by Justice Frederick J. Marshall of the Supreme Court of the State of New York (Erie County) granted the motion of Colgan Air and its Co-Defendant…

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Failure to Check-in On Time Is Fatal to Passengers’ Claims

A recent decision by the U.S. District Court for the Eastern District of New York, Giuffre v. Delta Air Lines,¹ denied plaintiffs’ claims against the carrier based on allegations that…

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MMSEA Section 111 Threshold Dollar Exemption Decreases April 1, 2012

We have written previously regarding MMSEA Section 111 mandatory reporting requirements, pursuant to which companies and insurers must report to the Centers for Medicare and Medicaid Services (“CMS”) payments made…

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