Punitive Damages: What is the Right Amount?
The Court of Appeals for the Second Circuit recently reviewed the proper standard for awards of punitive damages in Payne v. Jones, Docket No. 09-5201-cv, decided October 3, 2012. The
Keep reading…
Archives
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
Keep reading…
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
Keep reading…
Congress Passes Pilot’s Bill of Rights Granting Greater Procedural and Evidentiary Rights in Administrative Hearings
Approved unanimously by the U.S. Senate in June and passed by voice vote in the House of Representatives in July, the Pilot’s Bill of Rights is set to alter the
Keep reading…
Federal Appellate Court Upholds DOT “Passenger Protection” Regulations
On July 24, 2012, the U.S. Court of Appeals for the D.C. Circuit upheld1 regulations promulgated by the U.S. Department of Transportation (DOT) last year aimed at reducing “unfair and
Keep reading…
No Recovery Against Terminal Operator for Delays on Tarmac
On the evening of December 26, 2010, a blizzard swept through the New York metropolitan area, dumping nearly fifteen inches of snow on John F. Kennedy International Airport (“Kennedy Airport”).
Keep reading…
Educating the Corporation’s Witness: Ignorance is Not Bliss
When a corporation is named as a defendant in litigation, one of the frequently used discovery tools is a notice to take the deposition of the corporation. Under Federal Rule
Keep reading…
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
Keep reading…
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
Keep reading…
Summary of Pending Litigation in the United States Arising from European Union Regulation EC 261
Since its enactment in 2004, European Union Regulation 261 (“EC 261”)1 has generated significant media coverage and litigation in the European Union (“EU”) and various EU national courts. This broad
Keep reading…