Author: John Maggio

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Endorsement of Check Offered in “Full and Final Settlement” Precludes Passenger’s $1 Million Lost Baggage Lawsuit

The U.S. District Court for the Eastern District of New York recently held that a passenger who endorsed an airline’s check offered in “full and final settlement” of her baggage…

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Eleventh Circuit Clarifies an Airline’s Qualification as a Government-Owned Entity

On August, 20, 2015, in Singh v. Caribbean Airlines Ltd., the United States Court of Appeals for the Eleventh Circuit affirmed the United States District Court for the Southern District…

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Federal Court in Florida Clarifies Standard of Liability on Failure to Divert Claims

Following a three week bench trial, during which testimony from 14 fact witnesses and 20 expert witnesses was heard, Hon. Cecilia M. Altonaga of the Southern District of Florida (Miami)…

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Significant Developments in Medicare Law

In Haro v. Sebelius, No. 11-16606, 2014 WL 21353 (9th Cir. Jan. 2, 2014), the Ninth Circuit Court of Appeals addressed who may be liable to reimburse the U.S. government’s…

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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…

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With Two Products Liability Cases, U.S. Supreme Court Clarifies, then Muddles, the “Stream of Commerce” Theory of Personal Jurisdiction

On June 27, 2011, the U.S. Supreme Court confronted personal jurisdiction in two decisions: J. McIntyre Machinery, Ltd. v. Nicastro and Goodyear Dunlop Tires Operations, S.A. v. Brown. The results…

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