Author: Katherine B. Posner

Kathy has extensive experience representing numerous clients in litigation before federal and state trial and appellate courts. Kathy also has considerable experience in mediation and arbitration of commercial disputes in…

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Skycap Complaint About Soccer Team Tips Is Not Protected by NLRA

The National Labor Relations Board (NLRB) recently held that the firing of an airport skycap—who refused to help a French soccer team with their baggage because they were “poor” tippers—was…

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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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New York’s Highest Court Interprets Specific Excess Insurance Policy Language to Require “All Sums” Allocation and Vertical Exhaustion of Underlying Policies

On May 3, 2016, the New York Court of Appeals responded to two questions certified by the Delaware Supreme Court and interpreted the language of certain excess insurance policies as…

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Fifth Circuit Affirms AIR 21 Pilot Whistleblower Retaliation Award

The U.S. Court of Appeals for the Fifth Circuit recently ruled in favor of a pilot-employee in a retaliation lawsuit, Continental Airlines v. Administrative Review Board.1 Although the primary issue…

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Recent Federal and U.S. Supreme Court Class Action Decisions

This edition of our Newsletter addresses some recent federal and United States Supreme Court class action decisions that either involve airlines as defendants or have applicability to putative airline class action liability.

DOT Imposes Stiff Fines on Foreign Carriers for Tarmac Delays

In 2010, the Department of Transportation’s (DOT) Aviation Consumer Protection and Enforcement Division, which is tasked with the responsibility of enforcing consumer protection laws against domestic and foreign air carriers…

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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”).…

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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…

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Lessor Liability: Florida Supreme Court Limits Pre- Emptive Effect of Federal Owner/Lessor Liability Statute in Vreeland v. Ferrer. (Special Edition Fall 2011)

Our Spring 2008 Newsletter discussed the liability of non-operating aircraft owners and lessors, such as owners in trust and finance or capital lessors, to passengers and property owners arising out…

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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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