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Court of Appeals Affirms FNC Dismissal of MH370 Litigation

…outweighs that of the United States, even as to the tort claims asserted against U.S.-based manufacturer Boeing” and that the private interest factors “tilt strongly in favor of trying these cases in Malaysia, given the overwhelming amount of evidence and witnesses located in Malaysia and the potentially insurmountable challenges that would arise from attempting to make that evidence available in a United States court.”8 In affirming the District…
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The FAA Reauthorization Act of 2018 Makes Wide-Ranging Reforms, Including Consumer Protection Enhancements

…websites and provide a copy to passengers with disabilities who request pre-flight accommodations. Finally, the Act requires that the Comptroller General submit to Congress a report describing domestic air carriers’ training policy for employers and contractors regarding racial, ethnic and religious nondiscrimination. The passage of the FAA Reauthorization Act is a relatively rare act of bipartisanship that will require air carriers to adjust thei…
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Increased Vigilance on Compliance with Employment Regulations for Foreign Employees

…der verifying the eligibility status of all current U.S. employees to avoid possible fines or other penalties. 1 See 20 CFR Part 656.17(e)(1). 2 In the Matter of Cessna Aircraft Co., Employer, on behalf of Ravindran, Apoorv, Alien, 2012-PER-03663, A-10333-34522 (Dep’t of Labor, Bd. of Alien Certification App., June 1, 2016). 3 The forms are available online in English and Spanish at: https://www.uscis.gov/i-9. 4 The I-9 is not required for unpaid…
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| Client Alerts

Guidelines for Airlines Dealing With the Ebola Crisis

…l liability. 1 See A. Fantz and E. Cohen, Texas Ebola Patient Dies, http://www.cnn.com/2014/10/08/health/ebola-us/index.html, (Oct. 8, 2014). 2 Id. 3 Manny Fernandez and Dave Philipps, Ebola Patient Dies in Dallas, Fueling Alarm, N.Y. Times, Oct. 9, 2014, at A1. 4 See http://www.cdc.gov. 5 49 U.S.C. § 41705; 14 C.F.R. Part 382. 6 14 C.F.R. Part 382.21. 7 Sabrina Tavernise, Newly Vigilant U.S. Will Screen Fliers for Ebola, N.Y. Times, Oct. 9, 2014,…
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Ninth Circuit Permits Baggage Delay Class Action To Continue Based on Breach of Contract

…n. 1 US Airways merged with American Airlines in 2013. 2 49 U.S.C. § 1301 et seq; see also Airline Deregulation Act of 1978, Pub. L. No. 95-504, 92 Stat. 1705 (1978). 3 Hickcox-Huffman v. US Airways, Case No. 1:11-cv-16305, (May 3, 2017), D.C. No. 5:10-cv-05193-HRL. 4 49 U.S.C. § 40101(a)(6). 5 See also Morales v Trans World Airlines, Inc., 504 U.S. 374 (1992). 6 513 U.S. 219 (1995). 7 134 S. Ct. 1422 (2014)….
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Federal Court Rules That Federal Law Preempts Provisions of Local Ordinance Regulating the Use of Drones

…ee http://dronecenter.bard.edu/files/2017/03/CSD-Local-and-State-Drone-Laws-1.pdf for a survey of existing state and local UAS laws. 2 Singer v. City of Newton, Case No. 1 17-CV-10071-WGY.   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 author(s) directly. General inquiries may be directed to info@null…
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Thomas A. Ostendorp

…on of several current and evolving issues in the law, including the use of search warrants to obtain cellular data and the admissibility of expert testimony regarding eyewitness identifications. Tom served as a judicial intern for the Honorable Eric N. Vitaliano of the Eastern District of New York and at the U.S. Attorney’s Offices for the Southern and Eastern Districts of New York, the New York City Department of Investigation and the U.S. Air Fo…
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DOT Imposes Stiff Fines on Foreign Carriers for Tarmac Delays

…lines carefully review their tarmac delay plans and ensure that they fully comply with the very stringent regulations of 14 CFR Part 259.   1 Docket OST-2011-0003, November 14, 2011 2 Docket OST-2012-0002, December 31, 2012 3 Docket DIT-OST-2012-0002, December 31, 2012 4 See footnote 2 above 5 See footnote 1 above 6 Docket OST-2012-0002, May 3, 2012 7 Docket OST-2012-0002, August 20, 2012 8 Docket OST-2012-0002, September 19, 2012 9 See footnote 2…
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Jonathan E. DeMay

…involving complex commercial litigation issues arising from a Gulfstream G-IV aircraft accident. Leading the team defending an airline in a commercial breach of contract litigation seeking in excess of $30 million resulting in a favorable settlement. Leading the damages team defending Colgan Air in the February 2009 Flight 3407 accident litigation. Leading the team representing an ultra-high net worth individual in a Gulfstream G-400 aircraft lea…
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Federal Court Denies Defendant Access to the Non-Public Portions of Plaintiff’s Facebook Account

…t. This case provides guidance about the threshold showing necessary to obtain complete access to a plaintiff’s social media account. Specifically, the court addresses what is necessary to demonstrate a reasonable likelihood that the non-public portion of a plaintiff’s social media account will contain relevant information. Plaintiff Tompkins was injured as the result of a slip and fall accident at Detroit Metropolitan Airport on December 29, 2005…
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