Author: Evan M. Kwarta

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Airline Deregulation Act Preempts Claim that Airline Negligently Failed to Prevent Cocaine Being Planted in Baggage

In Wilson v. Caribbean Airlines Ltd., the U.S. District Court for the Eastern District of New York recently held that the Airline Deregulation Act of 1978 (the “ADA”) preempts and…

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U.S. District Court Denies Boeing Motion to Dismiss Fraud and Misrepresentation Claims Arising from the 737 MAX Grounding

On September 30, 2022, the U.S. District Court for the Western District of Washington issued an Order denying The Boeing Company’s (“Boeing”) motion to dismiss Polskie Linie Lotnicze LOT S.A.’s…

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Texas State Court of Appeals Revives SWAPA’s Action Against Boeing Ruling that the RLA Does Not Preempt SWAPA’s State-Law Claims

On March 30, 2022, the Court of Appeals for the Fifth District of Texas reversed the Dallas trial court’s order granting The Boeing Company’s (“Boeing”) Plea to the Jurisdiction1 and…

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Texas Federal Court Rules that Boeing Cannot Withhold Otherwise Discoverable Documents and Information Based on the ICAO Annex 13

On January 27, 2021, the U.S. District Court for the Eastern District of Texas held that Boeing had no right to withhold documents and information based on an alleged litigation…

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Cybersecurity: Practical Tips to Mitigate the Risk of a Breach

Airlines increasingly integrate and utilize data from transaction systems, websites and mobile applications, email, flight, and operations, to personalize offers to customers, increase customer loyalty, and improve operations and safety.…

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New York’s Highest Court Confirms Longstanding Rule that Application of Common Interest Doctrine is Confined to Pending and Anticipated Litigation Only

Introduction The New York Court of Appeals, the state’s highest court, reaffirmed the parameters of the state’s “common interest” doctrine, which preserves the attorney-client privilege when attorney-client communications are shared…

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Ninth Circuit Addresses Federal Preemption

In a recent decision, Gilstrap v. United Airlines, Inc.,¹ the Ninth Circuit addressed the scope of preemption of the Air Carrier Access Act (“ACAA”) of 1986, which is an amendment…

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Federal Court Denies Defendant Access to the Non-Public Portions of Plaintiff’s Facebook Account

In Tompkins v. Detroit Metro. Airport, No. 10-10413, 2012 WL 179320 (E.D. Mich. Jan. 18, 2012), a federal court denied a Defendant’s motion to compel the Plaintiff to execute an…

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Wrongful Death Litigation Arising Out of the Continental Connection Flight 3407 Accident: A Federal Court Compels Plaintiff to Produce a Broad Array of Damages Discovery, Including Social Media

We are living in the midst of a social media revolution that is changing the way individuals, companies and governments organize, navigate and share information, as well as the very…

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