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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The Seventh Circuit Issues Its Second Opinion Questioning the Enforceability of EU Regulation 261 in U.S. Courts

On February 2, 2016, the Seventh Circuit Court of Appeals issued its second opinion rejecting passengers’ efforts to obtain compensation for flight delays under Regulation EC (No) 261/2004 (“EU 261”)…

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Supreme Court’s Ruling Limits the Effectiveness of Rule 68 Offers of Judgment in Class Action Litigation

Rule 68 of the Federal Rules of Civil Procedure permits a defendant to make an offer of judgment to resolve the plaintiff’s claims prior to trial in a specified amount.…

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ECJ Further Narrows When Technical Problems Qualify as EC 261 “Extraordinary Circumstances”

On September 17, 2015, the European Court of Justice (“ECJ”) issued its latest interpretation of European Union Regulation (EC) No 261/2004 (“EC 261”). In van der Lans v. KLM, Case…

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Seventh Circuit Affirms – EU 261 Is Not Judicially Enforceable Outside the Courts of the EU Member States

Between September 2013 and June 2014, six district court judges tasked with determining the enforceability of European Union Regulation (EC) No 261/2004 (“EU 261”) by United States courts unanimously agreed…

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The Last District Court Judge to Determine the Enforceability of EU 261 in the US “Joins the Chorus” in Holding that a Direct Claim for EU 261 Compensation Cannot be Brought in US Courts

On June 18, 2014, District Court Judge John A. Tharp of the Northern District of Illinois decided the last of six separate motions filed by airline defendants to dismiss a…

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Court Rules that the ADA Impliedly Preempts Claims for EU 261 Compensation from Being Adjudicated in U.S. Courts

On February 12, 2014, Judge Thomas M. Durkin became the third district court judge to hold that U.S. courts cannot enforce so-called “direct claims” brought under European Union Regulation EU…

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No Private Right of Action for Violation of Regulation EU 261 in United States Courts

There are two new developments to report in the ongoing EU 2611 class action cases currently pending in the United States District Court for the Northern District of Illinois. On…

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The European Court of Justice Reconsiders Its Interpretation of EC 261 as Providing Airline Passengers with the Right to Standardized Compensation in Cases of Delay

On March 20, 2012, the European Court of Justice (“ECJ”) heard oral argument on the challenge to its interpretation of European Union Regulation EC No 261/2004 (“EC 261”) in the…

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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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