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…sdiction over Liebherr in this case. Liebherr-Elektronik manufactured a sub-component for the GAS and contracted for the sale of that sub-component to Liebherr. All of the negotiations and execution of relevant contracts took place in Germany and France. Accordingly, personal jurisdiction in New York also was lacking over Liebherr-Elektronik. Plaintiff also argued as a basis for jurisdiction over the Liebherr defendants that the Liebherr defendant…
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…led airspace under air traffic control authorization, or beyond-visual-line-of-sight operations – which operations should require them, and what should the distance be? Should any type of operation be excluded from stand-off distance requirements? How would a horizontal or vertical stand-off distance requirement help reduce hazards to public safety and national security? What are the incremental costs of requiring a stand-off distance as compared…
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…tion (EC) No 261/2004, COM (2013) 130 final (Mar. 13, 2013). Joined Cases C-402/07 and C-432/07, Sturgeon v. Condor Flugdienst GmbH//Böck v. Air France, SA, [2009] E.C.R. I-10923. Joined Cases C-581/10 and C-629/10, Nelson v. Deutsche Lufthansa AG/TUI Travel plc, et al v. Civil Aviation Authority [2012]. Case C-549/07, Wallentin-Hermann v. Alitalia- Linee aeree Italiane SpA, [2008] E.C.R. I- 11061. Examples would include a problem identified durin…
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…motional support animals. See Nondiscrimination on the Basis of Disability in Air Travel, 83 Fed. Reg. 23804 (May 23, 2018). 3 Guidance on Nondiscrimination on the basis of Disability in Air Travel, Docket No. DOT-OST-2018-0067-0099. 4 Contrasted with the ANPRM, an NPRM proposes a new rule or regulatory change, explains the basis and purpose of the rule or change, and sets forth the proposed text of the rule….
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…me of the governor’s concerns, the drafters left the clause which allows claimants to recover for non-economic damages not currently recognized by EPTL 5-4.3(a), arguably the most expansive piece of this legislation, virtually untouched. It still remains to be seen whether the New York Senate and Assembly will pass the new Bill as it is currently written, or whether continued concerns regarding these broad categories of damages will halt its progr…
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…s may be directed to info@nullcondonlaw.com 1 Mata v. Avianca, Inc., No. 22-cv-1461, 2023 WL 4114965 (S.D.N.Y. June 22, 2023). The authors of this Client Bulletin successfully represented the air carrier. 2 Mata v. Avianca, Inc., No. 22-cv-1461, 2023 WL 4138427 (S.D.N.Y. June 22, 2023). 3 Mata v. Avianca, Inc., No. 22-cv-1461, S.D.N.Y., Dkt. 31. 4 Id., Dkt. 32-1. 5 Mata v. Avianca, Inc., 2023 WL 4114965, at 1. 6 Mata v. Avianca, Inc., 2023 WL 4138…
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…esponsibility for maintenance to the Met Museum, does not obligate NYC to maintain the Met Museum and does not bestow upon NYC a right of re-entry. Further, the Court pointed to the language of the Procedures Manual, which provides that the Met Museum “must perform all tasks necessary to keep its premises safe and in good condition” and also keep a “formal maintenance plan.” The Court relied on Velazquez v. Tyler Graphis, Ltd., 214 A.D.2d 489 (1st…
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…ntom damages” will decrease the total damages available to claimants. Bad Faith Claims Under Florida’s bad faith framework prior to HB 837, an insurer was obligated “to advise the insured of settlement opportunities, to advise the insured as to the probable outcome of the litigation, to warn of the possibility of an excess judgment, and to advise the insured of any steps he might take to avoid same,” as well as investigate the matter to “give fair…
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