Author: Marissa N. Lefland

Marissa has significant experience litigating in both federal and state court, where she has conducted trials, arbitrations, and mediations.  Marissa has represented foreign and domestic air carriers, terminal operators, manufacturers,…

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U.S. Court of Appeals Confirms that Air Carriers Cannot Retain Airport Security Fees Paid By Consumers Who Do Not Travel

Twenty-five years ago, Congress passed a law requiring passengers departing from U.S. airports to pay a security fee to the Transportation Security Administration (“TSA”) to offset new security measures (the…

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Federal Aviation Administration Proposes Regulatory Scheme Governing Design and Operation of UAS Beyond Visual Line of Sight

The Federal Aviation Administration (“FAA”) has issued a proposed rule to enable the expansion of commercial and recreational use of unmanned aircraft systems (“UAS”) beyond visual line of sight (“BVLOS”)…

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U.S. Supreme Court Holds Personal Jurisdiction Over Companies Owned By Foreign States Does Not Require Traditional Due Process Analysis

Courts typically require that a foreign defendant has “minimum contacts” with the forum state that would justify the exercise of personal jurisdiction over the defendant.1 However, the United States Supreme…

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Federal Appellate Court Pauses and Questions Legality of New DOT Rule Mandating Air Carrier Fee Disclosures

We recently reported that the U.S. Department of Transportation (“DOT”) issued a new rule prescribing the timing and manner in which air carriers must disclose certain ancillary fees (“the Rule”),…

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Department of Transportation Issues New Rules Governing Refunds and Fee Disclosures

The U.S. Department of Transportation (“DOT”) has issued two new rules amending and adding various aviation consumer protection regulations. These rules mandate the automatic, prompt issuance of refunds for cancelled…

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In Landmark Case Involving Attorneys Who Submitted Fake Court Decisions Generated by ChatGPT, Federal Judge Sanctions the Attorneys and Dismisses Action as Time-Barred Under the Montreal Convention

In the first decision of its kind, a New York federal judge has sanctioned two lawyers and their law firm for submitting fabricated case law generated by ChatGPT, the generative…

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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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Massachusetts Federal Court Reaffirms that a Passenger’s Personal, Subjective Expectations Have No Bearing on Whether an “Accident” Occurred under the Montreal Convention

The Montreal Convention governs the rights and liabilities of air carriers for injuries sustained by passengers during international air transportation.1 Under Article 17 of the Montreal Convention, an air carrier…

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Federal Court Finds Montreal Convention Does Not Provide Basis for Personal Jurisdiction

A common misconception among practitioners is that the Montreal Convention, in addressing the issue of where lawsuits may be filed against air carriers, confers personal jurisdiction over carriers. In actuality,…

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An Overview of Federal Law Governing the Carriage of Passengers Who May Have a Communicable Disease on International Flights

On March 11, 2020, the World Health Organization designated the outbreak of COVID-19, also known as Coronavirus, as a pandemic. As communities implement measures to prevent the spread of the…

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