Author: Christopher R. Christensen

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The Last District Court Judge to Determine the Enforceability of EU 261 in the US “Joins the Chorus” in Holding that a Direct Claim for EU 261 Compensation Cannot be Brought in US Courts

On June 18, 2014, District Court Judge John A. Tharp of the Northern District of Illinois decided the last of six separate motions filed by airline defendants to dismiss a…

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Court Rules that the ADA Impliedly Preempts Claims for EU 261 Compensation from Being Adjudicated in U.S. Courts

On February 12, 2014, Judge Thomas M. Durkin became the third district court judge to hold that U.S. courts cannot enforce so-called “direct claims” brought under European Union Regulation EU…

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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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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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