Author: Mary Dow

Mary has represented several foreign and domestic air carriers, including British Airways, Iberia, Lufthansa, and United, in consumer class actions involving the enforcement of European Union regulations in the United…

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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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Second Circuit Reaffirms the Preemptive Effect of the Montreal Convention

The Montreal Convention exclusively governs lawsuits against air carriers for damage arising from delay of or damage to cargo during international air transportation.1 A recent decision by the United States…

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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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Court of Appeals Affirms FNC Dismissal of MH370 Litigation

On January 10, 2020, the U.S. Court of Appeals for the D.C. Circuit affirmed the dismissal of U.S. litigation arising out of the March 8, 2014 disappearance of Malaysia Airlines…

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European Court of Justice Extends EU 261 to Compensate Passengers for Connecting Flight Delays and Cancellations

On July 11, 2019, the European Court of Justice (“ECJ”) issued a decision holding that European Union Regulation (EC) No 261/2004 (“EU 261” or the “Regulation”), which entitles certain passengers…

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U.S. District Court Rejects Passenger’s Attempt to Commence Class Action Litigation Based on Class Action Waiver Provision in Ticket Contract

On February 1, 2019, the U.S. District Court for the Southern District of Florida rejected a passenger’s third attempt to pursue a putative class action lawsuit against Royal Caribbean Cruises…

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Important Change to Aircraft Owner and Lessor Liability Under FAA Reauthorization Act of 2018

On October 5, 2018, the Federal Aviation Administration Reauthorization Act of 2018 (the “2018 Act”) was signed into law. One of the more notable aspects of the 2018 Act is…

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U.S. Court Dismisses Litigation Arising Out of Malaysia Flight MH370 on FNC Grounds

On November 21, 2018, the United States District Court for the District of Columbia dismissed on forum non conveniens grounds the claims of all plaintiffs filed in the United States…

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Federal Court Rules that Montreal Convention Delay Claims From Multiple Flights Cannot Be Certified as a Class Action

The issue of whether delay claims brought under Article 19 of the Montreal Convention can be certified for class action treatment under the Federal Rules of Civil Procedure has gained…

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