Author: Michael J. Holland

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Passenger Usage Fee Snares Spirit Airlines In RICO Web

The Racketeer Influenced and Corrupt Organizations Act (commonly known as RICO), enacted by Congress in 19701, has been used most often to pursue individuals associated with organized crime. It therefore…

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Nigeria Found to be Adequate Alternative Forum in Non-U.S. Decedent Cases arising from Dana Airlines Accident

In a “split decision”, a Federal District Court in Florida dismissed to Nigeria on the grounds of forum non conveniens wrongful death actions brought on behalf of non-U.S. decedents arising…

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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.

Class Actions: No “Slicing and Dicing” to Avoid Federal Jurisdiction

In an important procedural decision, the U.S. Supreme Court held this week in Standard Fire Insurance Co. v. Knowles¹ that a class action representative has no power to stipulate to…

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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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Dismissal of Spanair Litigation in United States Affirmed by Ninth Circuit Court of Appeals

On August 20, 2008, a Boeing MD-82 aircraft operated by Spanair crashed on takeoff from Madrid-Barajas Airport, killing 154 people and injuring 18 others. While the injured and deceased were…

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Punitive Damages: What is the Right Amount?

The Court of Appeals for the Second Circuit recently reviewed the proper standard for awards of punitive damages in Payne v. Jones, Docket No. 09-5201-cv, decided October 3, 2012. The…

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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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Educating the Corporation’s Witness: Ignorance is Not Bliss

When a corporation is named as a defendant in litigation, one of the frequently used discovery tools is a notice to take the deposition of the corporation. Under Federal Rule…

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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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