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European Court of Justice Extends EU 261 to Compensate Passengers for Connecting Flight Delays and Cancellations

…was presented with a single question: whether there is an obligation on a Community carrier to pay compensation to passengers pursuant to EU 261 where the Community carrier, as the contractual carrier, operated the first leg of a flight with a stopover at an airport in a non-Member State, from which, under a code sharing agreement, a carrier which is not a Community carrier operated the second leg of the flight and there was a delay of more than…
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The European Commission Issues Proposed Amendments to Modify EC 261

…ay Compensation To address the prohibitive costs associated with providing compensation to delayed passengers, the European Commission proposes extending the delay threshold (currently three hours based on the Sturgeon decision) triggering the compensation requirement and creating different threshold times based on the flight distance. The European Commission proposes the following delay thresholds: 1) Time frame for compensating delayed passenger…
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Air Carriers Are Defeating Lawsuits Filed by a Corporation Seeking Compensation on Behalf of Passengers Under EU 261

…half of passengers who experienced a delayed or cancelled flight and seeks compensation based on the scheme set forth in EU 261. The company argues that the passengers are entitled to EU 261 compensation in accordance with the regulation itself as well as the air carrier’s contract of carriage. These claims have been largely unsuccessful. In one lawsuit filed in California, the court refused to consider the merits of the company’s claims because i…
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CMS Finally Preparing to Issue Section 111 Civil Money Penalties

…y or the other, CMS intends to begin penalizing parties for Section 111 noncompliance. Thus, this is a good time for the industry to review and audit its Medicare compliance program. 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@nullcondonla…
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Chambers and Partners has released its 2025 USA Guide and Condon & Forsyth is proud to be recognized as a leader in the Transportation: Aviation: Litigation category.

…duct liability claims, wrongful death disputes, class actions, and general commercial disputes. Since 1989, Chambers and Partners has researched the global legal profession to identify leading lawyers and law firms as best in their field. Condon & Forsyth is proud to have been recognized each year as a top law firm in the aviation transportation litigation category. https://chambers.com/legal-rankings/transportation-aviation-litigation-usa-nationw…
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Crew’s Imperfect Response to Medical Emergency Does Not Result in Liability for Air Carrier

…of a medical professional in case of emergencies on board aircraft, who recommended that the flight divert to Nassau, Bahamas. However, the Captain ultimately continued on to Miami, taking into consideration all relevant factors, including the fact ground staff in Nassau could not be reached to arrange for the diversion; whereas, emergency medical arrangements were available in Miami. The Singh Court determined: “While there are certain deficienc…
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Addressing Safety and Comfort in Air Travel, the U.S. Department of Transportation Proposes Sweeping Changes to Regulations Governing Carriage of Service Animals

…ties and the rest of the traveling public to travel in a safe, secure, and comfortable environment. The public has 60 days to submit comments to the proposal. 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 authors directly. General inquiries may be directed to info@nullcondonlaw.com. 1 These changes ali…
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U.S. Supreme Court Holds Personal Jurisdiction Over Companies Owned By Foreign States Does Not Require Traditional Due Process Analysis

…d. v. Antrix Corp. involved a contractual dispute between Devas, a private company, and Antrix, a commercial organization owned by the Republic of India.6 After receiving an arbitration award against Antrix, Devas sought to enforce the award in a Washington federal court.7 The district court found that the Antrix could be subject to suit under the arbitration exception and entered judgment against Antrix.8 The United States Court of Appeals for th…
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Court of Appeals Affirms FNC Dismissal of MH370 Litigation

…pearance of Malaysia Airlines Flight MH370.1 The MH370 litigation, which encompassed 40 separate actions that had been consolidated by the Judicial Panel on Multidistrict litigation, had been dismissed on forum non conveniens (“FNC”) grounds by U.S. District Court Judge Ketanji Brown Jackson on November 21, 2018. In its opinion, the Court of Appeals reiterated the test for dismissing an action on FNC grounds: the moving party must show “(1) that a…
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