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…have to resolve any employment disputes through the third-party personnel company. According to the objectors, this practice raises competition and safety concerns, and could set a precedent encouraging other carriers to incorporate strategically to avoid national labor laws. The objectors’ primary legal argument was that approval of the application would violate Article 17 bis of the U.S.-EU Open Skies Agreement, which states that “The opportuni…
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…sers for violating Federal Aviation Regulations. One recent example in the commercial drone context is a $1.9 million civil penalty issued by the FAA against SkyPan International for unauthorized commercial photography drone operations. With an estimated 1.5 million drones sold in 2015, including approximately 800,000 of those expected to be sold this holiday season, the Congressional mandate pursuant to the FAA Modernization and Reform Act of 201…
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…er seatbelt before falling asleep. Iberia asserted affirmative defenses of comparative negligence and to limit liability under Montreal Convention Articles 20 and 21. At the close of the seven-day trial, the jury determined Quevedo’s full damages to be $175,000 in past and future medical expenses and $1 million in damages for pain and suffering, but awarded zero loss of consortium damages to her husband. The jurors found Iberia only one percent li…
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…diction 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 defendants…
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…ribed anti-viral drugs for the month after the incident and was tested for communicable diseases three times during the year following the incident, each time with a negative result. 4 See Doe, 2017 WL 3723233, at *4 (quoting Montreal Convention, art. 17(1)). 5 See Doe, 2017 WL 3723233, at *4 (citing the Oxford English Dictionary). 6 See id. at *8. 7 See id. at *7. 8 See id. at *12 (internal quotations and citations omitted). Disclaimer: This publ…
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…ision in Tompkins highlights the reluctance of courts to allow a defendant complete access to a plaintiff’s social media account. If the defendant seeks complete access, it should be prepared to demonstrate a factual predicate – often based on an inconsistency between the public portion of the social media account and the allegations in the Complaint – to obtain such access. The Tompkins decision provides helpful guidance to defendants about the t…
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