Author: Christopher R. Christensen

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Court of Appeals Affirms FNC Dismissal of MH370 Litigation

On January 10, 2020, the U.S. Court of Appeals for the D.C. Circuit affirmed the dismissal of U.S. litigation arising out of the March 8, 2014 disappearance of Malaysia Airlines…

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European Court of Justice Extends EU 261 to Compensate Passengers for Connecting Flight Delays and Cancellations

On July 11, 2019, the European Court of Justice (“ECJ”) issued a decision holding that European Union Regulation (EC) No 261/2004 (“EU 261” or the “Regulation”), which entitles certain passengers…

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U.S. District Court Rejects Passenger’s Attempt to Commence Class Action Litigation Based on Class Action Waiver Provision in Ticket Contract

On February 1, 2019, the U.S. District Court for the Southern District of Florida rejected a passenger’s third attempt to pursue a putative class action lawsuit against Royal Caribbean Cruises…

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Important Change to Aircraft Owner and Lessor Liability Under FAA Reauthorization Act of 2018

On October 5, 2018, the Federal Aviation Administration Reauthorization Act of 2018 (the “2018 Act”) was signed into law. One of the more notable aspects of the 2018 Act is…

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U.S. Court Dismisses Litigation Arising Out of Malaysia Flight MH370 on FNC Grounds

On November 21, 2018, the United States District Court for the District of Columbia dismissed on forum non conveniens grounds the claims of all plaintiffs filed in the United States…

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Federal Court Rules that Montreal Convention Delay Claims From Multiple Flights Cannot Be Certified as a Class Action

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…

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The Seventh Circuit Issues Its Second Opinion Questioning the Enforceability of EU Regulation 261 in U.S. Courts

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”)…

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Supreme Court’s Ruling Limits the Effectiveness of Rule 68 Offers of Judgment in Class Action Litigation

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.…

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ECJ Further Narrows When Technical Problems Qualify as EC 261 “Extraordinary Circumstances”

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…

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Seventh Circuit Affirms – EU 261 Is Not Judicially Enforceable Outside the Courts of the EU Member States

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…

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