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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Client Bulletins
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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Federal Court Denies Defendant Access to the Non-Public Portions of Plaintiff’s Facebook Account
In Tompkins v. Detroit Metro. Airport, No. 10-10413, 2012 WL 179320 (E.D. Mich. Jan. 18, 2012), a federal court denied a Defendant’s motion to compel the Plaintiff to execute an
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Montreal Convention: Two Prong Accident Analysis in First Circuit Maintained
A recent decision from the U.S. District Court for the District of Massachusetts has held that being bumped or pushed by a fellow passenger while disembarking does not constitute an
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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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Two Year Limitation Period Not Applicable to Contribution and Indemnity Claims under Montreal Convention
In a decision that could have far-reaching implications for the air freight industry, the Ninth Circuit Court of Appeals recently held in Chubb Insurance Company of Europe, S.A. v. Menlo
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ADA Preemption—Ninth Circuit Rules that State Law Claims Relating to Airline Collection of Mexican Tourism Tax are Preempted by Federal Law
The Ninth Circuit Court of Appeals in San Francisco rendered a decision on January 5, 2010 which has significant implications for airlines facing potential class-action litigation over the collection of
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Lack of Defibrillator Does Not Trigger Liability Under the Montreal Convention
In Aziz v. Air India, a federal court in California granted summary judgment in favor of Air India in a case arising from an in-flight cardiac arrest suffered by passenger
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Do Subrogation Rights Survive CPLR Section 4545?
New York courts are mired in conflicting interpretations of New York Civil Practice Law and Rule (“CPLR”) Section 4545, which reduces a tort plaintiff’s damage awards by amounts received from
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Forum Non Conveniens Dismissal of Actions Arising out of Brazilian Mid-Air Collision
The litigation in U.S. courts arising out of the September 29, 2006 mid-air collision in Brazil between a Boeing 737-800 operating as Gol Linhas Inteligentes S.A. (“Gol”) Flight 1907 and
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