Author: Bartholomew J. Banino

Bart joined Condon & Forsyth LLP in 1998 and is a member of the Management Committee. He represents air carriers and other clients from around the world in cases involving…

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Federal Appellate Court Pauses and Questions Legality of New DOT Rule Mandating Air Carrier Fee Disclosures

We recently reported that the U.S. Department of Transportation (“DOT”) issued a new rule prescribing the timing and manner in which air carriers must disclose certain ancillary fees (“the Rule”),…

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Department of Transportation Issues New Rules Governing Refunds and Fee Disclosures

The U.S. Department of Transportation (“DOT”) has issued two new rules amending and adding various aviation consumer protection regulations. These rules mandate the automatic, prompt issuance of refunds for cancelled…

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In Landmark Case Involving Attorneys Who Submitted Fake Court Decisions Generated by ChatGPT, Federal Judge Sanctions the Attorneys and Dismisses Action as Time-Barred Under the Montreal Convention

In the first decision of its kind, a New York federal judge has sanctioned two lawyers and their law firm for submitting fabricated case law generated by ChatGPT, the generative…

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Federal Court Finds Montreal Convention Does Not Provide Basis for Personal Jurisdiction

A common misconception among practitioners is that the Montreal Convention, in addressing the issue of where lawsuits may be filed against air carriers, confers personal jurisdiction over carriers. In actuality,…

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California Federal Court Dismisses COVID-19 Refund Class Action Against Air Carrier

As a result of the ongoing COVID-19 pandemic and ensuing government-mandated travel restrictions, air carriers worldwide have been forced to cancel flights over the past six months. As a result…

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Montreal Convention Liability Limits Increase

The Montreal Convention of 1999, which governs the liability between air carriers and passengers and shippers, includes specific limitations of liability for recovery in cases involving injuries or death of…

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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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Department of Transportation Issues Statement Clarifying Its Enforcement Policies Relating to Transportation of Service and Emotional Support Animals

In May 2018, the U.S. Department of Transportation (DOT) issued an Advance Notice of Proposed Rulemaking (ANPRM) seeking comment on amending existing regulations pertaining to carriage of service and emotional…

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The FAA Reauthorization Act of 2018 Makes Wide-Ranging Reforms, Including Consumer Protection Enhancements

Last week President Trump signed into law the FAA Reauthorization Act of 2018 (“the Act”). The Act touches on virtually every aspect of commercial air travel, including airport improvement programs,…

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Recent Federal Decisions Impact Recovery for Cargo Claims

Federal courts recently issued decisions both limiting and expanding potential liability for transportation of cargo under the Montreal Convention. The U.S. District Court for the Southern District of New York…

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