Author: David J. Harrington

Dave, a former carrier-based Naval Aviator flying the F-14B Tomcat, is an experienced trial attorney that has significant experience representing aviation and aerospace companies, including foreign and domestic air carriers…

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Important Changes to Third-Party Practice Are Coming to New York: What You Need to Know About New York’s AVOID Act

On April 18, 2026, the Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act (the “Act”) will take effect in New York and significantly impact a defendant’s ability to engage…

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Federal Aviation Administration Proposes Regulatory Scheme Governing Design and Operation of UAS Beyond Visual Line of Sight

The Federal Aviation Administration (“FAA”) has issued a proposed rule to enable the expansion of commercial and recreational use of unmanned aircraft systems (“UAS”) beyond visual line of sight (“BVLOS”)…

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FAA Seeks Comments on Possible New Regulations Aimed at Enhancing Safety and Security In the Operation of Small Unmanned Aircraft Systems

In 2016, the Federal Aviation Administration (FAA) published a rule governing the operation and certification of small unmanned aircraft systems (UAS).1 Recognizing ongoing improvements in technology and increased interest in…

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Acknowledging Rapid Technological Advances, FAA Proposes Significant Expansion of Drone Operations at Night and Over People

On January 14, 2019, amidst the longest federal government shutdown in U.S. history, the FAA unveiled its highly anticipated proposed rules that would allow small (under 55 lbs.) unmanned aircraft…

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New York State Court Follows Daimler, Dismisses Foreign Component Part Manufacturer for Lack of Personal Jurisdiction

Earlier this month, the New York Supreme Court (Monroe County) added to a growing list of decisions granting foreign defendants’ motions to dismiss for lack of personal jurisdiction since the…

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Small Unmanned Aircraft Systems Finally Approved for Takeoff

The Federal Aviation Administration (FAA) has published the much-anticipated final rule regarding small, i.e., less than 55 pounds, unmanned aircraft systems (UAS), to be codified at 14 C.F.R. Part 107.…

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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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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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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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