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Constantine J. Petallides

…an ultra-high net worth decedent seeking $900 million in damages involving complex commercial litigation issues arising from a Gulfstream G-IV aircraft accident. Constantine has been recognized as a Super Lawyer “Rising Star” in the field of Aviation & Aerospace for the New York Metro Area (2021-2023). Prior to joining the firm, Constantine consulted on regulatory compliance projects at Credit Suisse. He is a graduate of Fordham University School…
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Court Rules that the ADA Impliedly Preempts Claims for EU 261 Compensation from Being Adjudicated in U.S. Courts

…f services provided by air carriers. In so holding, he concluded that the “compensation scheme EU 261 creates fits squarely in th[e] subject matter area” of services provided by air carriers and that the enforcement of the EU 261 compensation scheme in the United States would “overlap[] in both substance and territorial application” with the ADA’s governance of airline services. He also stated that the enforcement of EU 261 in the United States wo…
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The Last District Court Judge to Determine the Enforceability of EU 261 in the US “Joins the Chorus” in Holding that a Direct Claim for EU 261 Compensation Cannot be Brought in US Courts

…v. Iberia, Líneas Aéreas de España, S.A., No. 11 C 775, 2014 WL 551603 (N.D. Ill. Feb. 12, 2014). Judge Durkin’s decision is discussed in Condon & Forsyth’s February 21, 2014 Client Bulletin. 8 Polinovsky v. Deutsche Lufthansa, AG, 2014 WL 958666 (N.D. Ill. Mar. 12, 2014); Gurevich v. Compagnia Aereas Italiana, No. 11 C 1890, Opinion and Order [Dkt No. 104] (N.D. Ill. Mar. 18, 2014) (Coleman, J.)….
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The Third Circuit Court of Appeals Limits Preemption in Sikkelee v. Precision Airmotive Corp.

…certification process cannot as a categorical matter displace the need for compliance in this context with state standards of care,”5 the Third Circuit found that aircraft product liability claims should be governed by state law standards of care. If you have any questions or would like further information on this subject, please contact Jane M. Sigda. 1 No. 14-4193 (3d Cir. filed April 19, 2016). We discussed the underlying facts of the case, and…
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The Question of Whether Federal Law Preempts State Law Standards of Care for All Aviation Safety Claims Continues on Appeal

…kelee v. Precision Airmotive Corp.” This article can be accessed at http://www.condonlawcom.wpengine.com/2016/04/andrew-j-nadel-2-2/ 2 Pub. L. No. 85-726, recodified at 49 U.S.C. § 40101 et seq. (2006). 3181 F.3d 363, 365 (3d Cir. 1999). 4 822 F.3d at 689. 5 Petition for a Writ of Certiorari, AVCO Corp. v. Sikkelee, No. 14-4193 (2016). AVCO filed the Petition after the Third Circuit denied a rehearing en banc. The plaintiff in the original action…
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Petition Denied: U.S. Supreme Court Will Not Consider Question of Federal Preemption for Aviation Product Liability

…eciding Becker. 1 The October 28 Client Bulletin can be accessed at http://www.condonlawcom.wpengine.com/2016/10/jane-sigda-2/. 2 Pub. L. No. 85-726, recodified at 49 U.S.C. § 40101 et seq. (2006). 3 AVCO Corp.’s argument relied, in part, on the Third Circuit’s earlier ruling in Abdullah v. American Airlines, Inc., 181 F.3d 363, 365 (3d Cir. 1999). In Abdullah, the Third Circuit found “implied federal preemption of the entire field of aviation saf…
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An Overview of Federal Law Governing the Carriage of Passengers Who May Have a Communicable Disease on International Flights

…n similar fashion, an air carrier may be liable if a passenger contracts a communicable disease on board the aircraft as a result of the air carrier’s failure to comply with industry standards and/or airline policy. Accordingly, air carriers should ensure compliance with international, federal and state regulations and guidelines concerning infectious diseases, such as Part 382 and the Enforcement Notice, which may be deemed “industry standards.”9…
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No Private Right of Action for Violation of Regulation EU 261 in United States Courts

…that a United States court could find U.S. passengers eligible for EU 261 compensation whereas a European Union court or enforcement body could come to the opposite conclusion. Judge Nordberg found that such conflicting legal results would be inconsistent with the European Union’s intention to have EU 261 enforced in a uniform manner. Basing his decision solely on Continental’s argument that there is no private right of action to enforce EU 261 o…
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Increased Vigilance on Compliance with Employment Regulations for Foreign Employees

…r memoranda advertising the program and specifying any incentives offered. Companies that fail to comply with the above regulations may be precluded from sponsoring a foreign employee for permanent U.S. employment. For example, in a recent decision, the Board of Alien Labor Certification Appeals held that Cessna Aircraft Co. (Cessna) failed to comply with the necessary recruitment efforts and therefore could not sponsor a foreign mechanical engine…
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