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

…exorbitant exercises of all-purpose jurisdiction would scarcely permit out-of-state defendants ‘to structure their primary conduct with some minimum assurance as to where that conduct will and will not render them liable to suit.’”14 These considerations are consistent with the rationale noted above that a forum suitable for general jurisdiction must be “unique.” Justice Ginsburg, author of the Goodyear opinion, also wrote the majority opinion in…
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New Registration Requirements for Small Drone Hobbyists

…one a person owns); and requires submission of the owner’s name, home and e-mail addresses. As part of the registration process, all drones will be provided and are required to display a unique identification number. Under the new Rule, any owner of a small recreational drone owned prior to December 21, 2015 must register no later than February 19, 2016. Hobbyists who purchase drones after December 21 must register before the drone’s first flight…
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Is Filing Enough? Application of the Filed Rate Doctrine to International Air Transportation

…r filing requirements. It also continued to be responsible for providing a complaint process for consumers to challenge international airline rates as anticompetitive.4 In 1997 the DOT announced that rate filing no longer served a purpose because of the reliance on market forces rather than governmental oversight to set prices.5 As a result, in 1999, it established regulations which require airlines to file their base-fare rates to differing exten…
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Acknowledging Rapid Technological Advances, FAA Proposes Significant Expansion of Drone Operations at Night and Over People

…osed rules include three operational limits: (1) no operations over an open-air assembly of people, (2) operations only allowed within or over a closed- or restricted-access site and anyone in the site must be notified that a drone may fly over them, and (3) for operations not within or over a closed- or restricted-access site, transit over people is allowed but hovering is prohibited. Manufacturers of Category 2 and 3 UAS would need to submit evi…
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Trademarks in the Aviation Industry: Protecting the Brand Requires Proactivity

…ts across the globe. Users can create “virtual” airlines simulating the day-to-day operations of real air carriers, including piloting simulated flights and directing air traffic control. “Virtual” airlines commonly mirror real-world commercial carriers and, in many cases, will use a carrier’s domain name, logo, aircraft livery, and call signs to add authenticity to the experience. The websites are designed to mirror the real-world carrier’s onlin…
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The Question of Whether Federal Law Preempts State Law Standards of Care for All Aviation Safety Claims Continues on Appeal

…. the regulations and decisions we discussed in Abdullah all related to in-air operations . . . and the catch-all standard of care that we held a court ‘must refer to’ applied only to operating, not designing or manufacturing an aircraft.4 The question of whether the Act preempts the entire field of aviation safety, including aviation product liability claims, has now been brought to the U.S. Supreme Court. Following the Third Circuit’s ruling, t…
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U.S. District Court Rejects Passenger’s Attempt to Commence Class Action Litigation Based on Class Action Waiver Provision in Ticket Contract

…iver provision contained in the passenger’s ticket contract.1 The passenger-plaintiff filed her first putative class action complaint against the defendant cruise line in September 2017, following the cancellation of the cruise she purchased from Royal Caribbean, which was scheduled to depart from Galveston, Texas on August 27, 2017, in the midst of Hurricane Harvey. The plaintiff alleged that Royal Caribbean’s decision not to cancel the cruise un…
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Judgment Entered for Defendant After Trial on Plaintiffs’ Denied Boarding and Race Discrimination Claims

…inued to check in other passengers. Because Saudia assigns seats on a first-come first-served basis, plaintiffs claimed that they were denied the seats of their choice because of the delay. The crux of plaintiffs’ case as it related to the events at JFK was that the Saudia agents intentionally delayed their check-in and boarding because they are Black. At trial, however, Saudia witnesses testified that plaintiffs’ could not have been delayed very…
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Courts Interpret the Meaning of “State Law” Under the Airline Deregulation Act

…) (1978). 2 513 U.S. 219 (1995). 3 513 U.S. at 229. 4 720 F. 3d 60 (1st Cir. 2013). 5 646 F. 3d 81 (1st Cir. 2011). 6 731 F. 3d 85 (2013). 7 504 U.S. 374 374, 390 (1992). 8 917 F.Supp. 2d 976 (2013). 9 1:12-cv-05567 (November 8, 2013). 10 694 F.3d 873 (2012). 11 11 C 00782 (October 16, 2013). 12 Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004….
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Trio of Decisions by the U.S. District Court for the Northern District of Illinois Dismisses Action Arising Out of Crash of AirAsia Flight QZ8501

…history has been dismissed. 1 See Siswanto v. Airbus Americas, Inc., No. 15-CV-5486, 2016 WL 7178460 (N.D. Ill. Dec. 9, 2016) (memorandum opinion and order granting the FNC defendants’ motion to dismiss). 2 Important to this aspect of the decision was a declaration by AirAsia that it would refuse to consent to jurisdiction in the United States or cooperate with any United States-based litigation. 3 134 S. Ct. 746 (2014). 4 Siswanto v. Airbus Ameri…
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