Author: John Maggio

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Montreal Convention Limits of Liability to Rise by 17.9% End of Year

The Montreal Convention, an international treaty to which over 1401 countries are parties, sets the liability limits for lost and damaged baggage, cargo, delay of passengers and cargo, and compensation…

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Florida Overhauls Civil Remedies and Insurer Bad Faith Claim Requirements

On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837 (“HB 837”) into law, representing a significant overhaul of the civil remedies statutory framework that increases protections for…

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Second Circuit Confirms Montreal Convention Applies to Delayed Transportation of Human Remains

The Court of Appeals for the Second Circuit has affirmed the dismissal of a case involving mishandled human remains that raised novel issues under the Montreal Convention. The appeal arose…

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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 for the Eastern District of New York Clarifies Applicability of Montreal Convention to Delayed Transportation of Human Remains

In a two-part opinion, the United States District Court for the Eastern District of New York dismissed a lawsuit by the family of a deceased Pakistani-American whose remains were not…

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DOT Revises Rule Governing Notice of Liability Limitations

On April 16, 2019, the U.S. Department of Transportation (“DOT”) issued a rule amending various aviation economic regulations to update outdated terminology and correct obsolete statutory references.1 Although many of…

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Federal District Court in Washington Dismisses Cases Arising out of AirAsia Flight QZ 8501 Crash on Jurisdictional Grounds

The U.S. District Court for the Western District of Washington (Seattle) recently dismissed defendants AirAsia Berhad and Artus S.A.S. from wrongful death litigation arising out of the crash of AirAsia…

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Trio of Decisions by the U.S. District Court for the Northern District of Illinois Dismisses Action Arising Out of Crash of AirAsia Flight QZ8501

The U.S. District Court for the Northern District of Illinois recently issued three separate decisions dismissing litigation arising from the crash of AirAsia Flight QZ8501 on December 28, 2014. The…

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Trademarks in the Aviation Industry: Protecting the Brand Requires Proactivity

In today’s digital age, now more than ever carriers need to be vigilant in protecting their trademarks. Airlines may find their brands infringed in unexpected places. For example, digital trademark…

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Department of Transportation Provisionally Approves Norwegian Air International Limited’s Permit Application to Operate Flights to the U.S.

On April 15, 2016, the U.S. Department of Transportation (DOT) issued an Order to Show Cause1 finding that Norwegian Air International Limited (NAI) should be granted a foreign air carrier…

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