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A New Standard of Care? The Third Circuit Considers FAA’s Stance on Preemption of State Law Standards in Design Defect Cases

The question of whether US federal law standards of care govern aviation product liability claims is currently being considered by the US Court of Appeals for the Third Circuit in…

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Daimler AG v. Bauman: U.S. Supreme Court Again Applies Strict Test for “General” Jurisdiction over Foreign Corporate Defendants

Last month, in Daimler AG v. Bauman,1 the United States Supreme Court issued its second decision in three years on “general” personal jurisdiction over corporations – that is, the power…

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Courts Interpret the Meaning of “State Law” Under the Airline Deregulation Act

Since the enactment of the Airline Deregulation Act1 (“ADA”), there has been no shortage of litigation involving federal preemption based on the ADA’s prohibition against states “enact[ing] or enforc[ing] a…

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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.

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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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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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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Lessor Liability: Florida Supreme Court Limits Pre- Emptive Effect of Federal Owner/Lessor Liability Statute in Vreeland v. Ferrer. (Special Edition Fall 2011)

Our Spring 2008 Newsletter discussed the liability of non-operating aircraft owners and lessors, such as owners in trust and finance or capital lessors, to passengers and property owners arising out…

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The Supreme Court Raises the Bar: Stricter Pleading Requirements Imposed on Plaintiffs

Prior to May 21, 2007, motions to dismiss complaints in federal courts for failure to state a claim were uneventful affairs. Unless a plaintiff failed to provide any set of…

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