…on on Recent Developments in Aviation & Space Law. For additional information on the event see: https://web.cvent.com/event/93cf82e5-fa95-4184-b1fc-c04924d92b47/summary….
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…y of the cocaine led to the passenger’s arrest and detention. The passenger-plaintiff traveled from Guyana to New York on a CAL flight in 2018. After passing through security, he turned over his suitcase to Guyanese officials and boarded the subject flight without incident. When he arrived in New York, he retrieved his suitcase and went through U.S. Customs, where he was selected for further inspection. U.S. Customs found two kilograms of cocaine…
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…to whether a case may be removed to federal court because the state-law claims come within a narrow class of federal statutes that have such extraordinary preemptive force that they are considered federal claims arising under federal law. See Caterpillar v. Williams, 482 U.S. 386, 393 (1987). 4 A claim is preempted under this category of RLA preemption, also known as ordinary or defensive preemption, when resolution of the claim requires an inter…
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…han four hours late; there was no allegation that they had suffered any out-of-pocket losses or other compensable damages as a result of the delay. Accordingly, the Court concluded that plaintiff had failed to state a claim under the Montreal Convention. Although the Court granted plaintiff permission to amend the complaint to add the passengers as parties and allege compensable damages under Article 19, it declined to do so. This is the first dec…
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…2019 and the new limits are set forth below. All units are expressed in SDRs (Special Drawing Rights). Air carriers should review their Conditions of Carriage for passengers and cargo to ensure that they reflect the new limits of liability. 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 publication, please contact the authors directl…
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…clarify and tighten current regulations, the DOT has recognized concerns raised by both air carriers and disability advocates that the existing rules affect the rights of individuals with disabilities and the rest of the traveling public to travel in a safe, secure, and comfortable environment. The public has 60 days to submit comments to the proposal. Disclaimer: This publication is made available for educational purposes only and is not intende…
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…ories of damages “which may result in confusion for judges and litigants,” competing claims for damages from new classes of litigants in currently pending litigation, and increased costs of “already-high insurance burdens on families and small businesses.” The Legislature now has to work at amending and re-passing the bill. It is likely that in order to get a new bill signed into law by Governor Hochul, it will need to incorporate amendments that…
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…tative class actions brought by airline customers seeking refunds for COVID-19-related cancellations, numerous airlines have filed motions to dismiss on grounds similar to those asserted by Norwegian.3 In particular, incorporation of DOT regulations into airline contracts and the preemptive effect of the ADA have been extensively briefed in related cases pending in various U.S. federal district courts. As such, Judge Bernal’s decision applying wel…
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…Fortune Inc. v. Apex Logistical Int’l (CN) Ltd. & Aeroflot Airlines, No. 20-cv-4883, 2021 WL 309850 (S.D.N.Y. Jan. 29, 2021). 4 New Fortune Inc., 2021 WL 5699464, at *2 (quoting King v. Am. Airlines, Inc., 284 F.3d 352, 356-57 (2d Cir. 2004)). 5 New Fortune Inc., 2021 WL 5699464, at *2 (quoting King, 284 F.3d at 358). 6 Montreal Convention, art. 19. 7 Courts hold that a claim for breach of contract sounds in nonperformance, as opposed to delay, on…
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…S. 392, 405 (1985). 3 Moore v. British Airways PLC, — F. Supp. 3d —, No. 19-30007-MGM, 2020 WL 7699694 (D. Mass. Dec. 28, 2020). 4 The court explained that under First Circuit precedent, proof of an accident giving rise to liability requires that: “(1) the claim must allege an occurrence which arises from some inappropriate or unintended happenstance in the operation of the aircraft or airline and, additionally, (2) a carrier’s Article 17 liabilit…
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