…the UAS industry and look forward to seeing the realization of the FAA’s projections for the industry. 1 See FAA Aerospace Forecast Fiscal Years 2017-2037 at https://www.faa.gov/data_research/aviation/aerospace_forecasts/…
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…on regarding the proposed final rule see: https://condonlaw.com/2020/02/cms-publishes-section-111-civil-money-penalties-notice-of-proposed-rulemaking/….
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…Bulletin dated June 24, 2021, available at https://condonlaw.com/2021/06/u-s-district-court-for-the-eastern-district-of-new-york-clarifies-applicability-of-montreal-convention-to-delayed-transportation-of-human-remains/ 3 Badar v. Swissport USA, Inc., No. 21-1669, 2022 WL 16984540, at *5 (2d Cir. Nov. 17, 2022). 4 Id. at *8 (citing various lower court decisions including Paradis v. Ghana Airways Ltd., 348 F. Supp. 2d 106, 112–14 (S.D.N.Y. 2004))….
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…vetoed the GFA for a second time. In her veto statement, Governor Hochul again explained that she supports the goals of the legislation, but echoed the same concerns expressed in her first veto regarding the potential costly unintended consequences of the bill. For example, the bill would have significant effects on the judicial system, forcing judges and juries to determine who qualifies to recover under the new “close” family member definition i…
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…arter. Prior to formally imposing a civil money penalty, CMS will send an e-mail to the insurer’s Authorized Representative and Account Manager seeking any information that would suggest the failure to timely report was beyond the insurer’s control, for example if the Medicare beneficiary refused to cooperate. The final rule provides a safe harbor provision, pursuant to which an insurer is not responsible for failure to comply with Section 111 if…
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…ntion and opined that whereas the Warsaw Convention was a “restrictive, pro-airline industry regime,” the Montreal Convention is a “treaty that favors passengers rather than airlines.” Accordingly, unlike the many courts that have held that case law developed under the Warsaw Convention should apply to cases interpreting similar provisions of the Montreal Convention, the Sixth Circuit expressly declined to do so here. By permitting recovery of dam…
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…us at: Condon & Forsyth LLP 701 Brickell Avenue, Suite 1550 Miami, Florida 33131 condonlawcom.wpengine.com Phone: 305-492-7303…
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…responses to CMS’s proposals should be afforded as part of the normal rulemaking process. One way or the other, CMS intends to begin penalizing parties for Section 111 noncompliance. Thus, this is a good time for the industry to review and audit its Medicare compliance program. Disclaimer: This publication is made available for educational purposes only and is not intended as legal advice. If you have questions about any matters in this publicati…
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…r or on a flight operated by an air carrier based outside of the EU (a “non-Community air carrier”) that departs from an airport located within the EU.2 If a passenger is improperly denied boarding or if his or her flight is canceled or delayed for more than three hours, EU 261 entitles the passenger to claim compensation for up to EURO 600 from the operating air carrier.3 The recent ECJ decision clarifies that passengers are entitled to the same…
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…co. The return leg was to depart from Los Angeles, through Seoul, to Shanghai. The plaintiffs spent several months in the United States between the date of the accident and their departure from Los Angeles. They argued that Asiana’s conditions of carriage supported their contention that the “open-jaw” ticket actually constituted two tickets and that California was the point of destination when the accident occurred. Asiana’s position was that an “…
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