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Federal Appellate Court Pauses and Questions Legality of New DOT Rule Mandating Air Carrier Fee Disclosures

…because they would need to expend significant resources engineering their websites to comply with the Rule.6 In issuing the stay, the Fifth Circuit did not conclusively establish that the DOT exceeded its statutory authority in issuing the Rule, only that such a finding is likely when the petition is formally considered. But in finding that the DOT likely exceeded its authority, the Fifth Circuit rejected the DOT’s argument that the DOT has a lon…
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The National In-Flight Sexual Misconduct Task Force Convenes To Address Sexual Misconduct During Air Travel

…s://www.transportation.gov/briefing-room/us-department-transportation-names-14-members-national-flight-sexual-misconduct-task). 6 See 83 Fed. Reg. 59,447; see also U.S. Department of Transportation, Charter Of The National In-Flight Sexual Misconduct Task Force (Feb. 11, 2019), https://www.transportation.gov/airconsumer/ACPAC/in-flight-sexual-misconduct-task-force-charter. 7 See FAA Reauthorization Act of 2018 § 339(B), 132 Stat. 3186, 3283 (2018)…
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Plaintiffs Abandon Appeal of Dismissal of Maryland Consumer Protection Statute-Based Putative Class Action Pursuant to ADA Preemption

…Law § 14-3002(b)(2)(iii). 3 See Wash. Rev. Code § 19.190.020; Ga. Code § 16-9-100; 815 Ill. Comp. Stat. § 511/10; Minn. Stat. § 325 F. 694; Tex. Bus. & Com. Code § 321.051; W. Va. Code § 46A-6G-2. 4 Md. Code, Com. Law § 14-3003. 5 Forman et al. v. Spirit Airlines, Inc., No. 24-C-21-005150, Dkt. 1 at 3 ¶ 6 (Md. Cir. Ct. Nov. 22, 2021). 6 Forman et al. v. Spirit Airlines, Inc., No. 24-C-21-005150, Dkt. 23 at 46:17 – 47:4 (Md. Cir. Ct. June 15, 2022)…
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Texas Federal Court Rules that Boeing Cannot Withhold Otherwise Discoverable Documents and Information Based on the ICAO Annex 13

…in this publication, please contact the authors directly. General inquiries may be directed to info@nullcondonlaw.com. 1 Earl et al. v. The Boeing Company et al., No. 4:19-cv-507 (E.D. Tex. Jan. 27, 2021). 2 Medellín v. Texas, 552 U.S. 491, 504 (2008). 3 See 467 U.S. 837, 842–43 (1984)….
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Eleventh Circuit Court of Appeals Affirms Jury Verdict and Denies Plaintiffs’ Motion for New Trial

…cond leg of her journey to Milan. The flight was scheduled to land at Milan-Malpensa airport, with Genoa and Milan-Linate serving as alternate airports. As the aircraft approached Milan-Malpensa, the weather deteriorated and the airport temporarily closed. Flight 3252 entered holding, and then diverted to Milan-Linate since Genoa was no longer accepting traffic. While en route to Milan-Linate, the flight encountered severe turbulence. Quevedo, who…
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DOT Revises Rule Governing Notice of Liability Limitations

…riers to revise their paper tickets and jackets, e-tickets, confirmation emails, and airport signage. The rule modifies 14 C.F.R. Part 221 by changing the language carriers are required to use in notifying passengers of liability limits for injury, delay, and baggage loss. The applicable regulation, 14 C.F.R. § 221.105, formerly was titled “Special notice of limited liability for death or injury under the Warsaw Convention,” and required carriers…
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Charles G. Banino

…ling risk through the art of skillful negotiation. His practice focuses on complex commercial contracts, particularly for large industrial projects, including metallurgical, petrochemical and material processing plants, and engineered systems, where contractors design, construct and deliver plants, systems and equipment. Charles guides these projects from inception through construction and final delivery, giving special attention to the goal of cr…
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Product Liability

…lity law, document preparation and retention, the litigation process, and preventive measures that can reduce exposure to product liability claims. It is this up-to-date, tailored, proactive approach that has served our clients well for eighty-seven years….
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No Recovery Against Terminal Operator for Delays on Tarmac

…istrict Court dismissed the claim for false imprisonment and dismissed the Complaint under both New York law and the Montreal Convention. As Judge Weinstein noted, “Hers is a most appealing case. Yet the law can only give her sympathy, not monetary compensation”.5 Conclusion The time for appeal in the Vumbaca case recently expired and the decision is final. Vumbaca has the potential to be a very important decision since it extends the potential li…
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