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…efined as a small unmanned aircraft and its associated elements (including communication links and the components that control the aircraft) that are required for the safe and efficient operation of the aircraft in the national airspace system. Id. 2 Safe and Secure Operations of Small Unmanned Aircraft Systems, 84 Fed. Reg. 3732 (Feb. 13, 2019). An ANPRM is different from a Notice of Proposed Rulemaking (NPRM) in that an ANPRM is used by an agenc…
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…l treaty. For further information please consult your airline or insurance company representative. This notice must be provided in at least 10-point font on all tickets, including both printed and electronic tickets, issued to passengers. The new notice also must be displayed conspicuously at each desk, station, and position in the United States which is solely or jointly controlled by the carrier or by agents employed by the carrier to sell ticke…
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…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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…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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…that are not properly trained.2 Stakeholders submitted approximately 4,500 comments in response to the subjects raised in the ANPRM. The DOT considered these comments, as well as certain carriers’ policies relating to carriage of service animals. On August 8, 2019, the DOT issued a Final Statement of Enforcement Priorities to clarify its interpretation of existing regulations and its priorities concerning their enforcement.3 The following is a dis…
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…authors directly. General inquiries may be directed to info@nullcondonlaw.com. 1 Enhancing Transparency of Airline Ancillary Service Fees, 89 Fed. Reg. 34620 (Apr. 30, 2024) (to be codified at 14 C.F.R. pts. 259, 399). 2 Airlines for America v. Dep’t of Transp., — F.4th —, No. 24-60231, 2024 WL 3580314 (5th Cir. July 29, 2024). 3 Id. at *1 (quoting 49 U.S.C. § 41712(a) (“the Statute”)). 4 Id. at *2. 5 Id. (interpreting 49 U.S.C. § 40113(a)). 6 Id…
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…provision, pursuant to which an insurer is not responsible for failure to comply with Section 111 if the cause for noncompliance is the Medicare beneficiary’s refusal to cooperate. The insurer must make at least three attempts to obtain the necessary information: once in writing (including e-mail); once by mail; and once by telephone or other means of contact. However, if the beneficiary has unambiguously refused in writing to provide the informa…
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…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 Davydov v. Scandinavian Airlines System, No. 2:19 Civ. 17628 (MCA) (JAD) (D.N.J. Oct. 5, 2020). 2 Ford Motor Company v. Bandemer, No. 19-369….
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…ising from international travel.4 In its response, BA pointed out that the company’s complaint alleged a “delay” cause of action under Article 19 and, therefore, subject matter jurisdiction was proper under the doctrine of conflict pre-emption, not complete pre-emption; as a consequence, the current split within the courts of the Ninth Circuit regarding complete pre-emption was irrelevant to the issue of federal subject matter jurisdiction in this…
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…the opinion of plaintiff’s expert who asserted that the staircase did not comply with various industry standards, reasoning that all of the standards cited by the expert were either voluntary or applicable only to non-portable stairs. This case confirms that an individual’s personal expectations are immaterial to the question of whether a passenger’s injuries were the result of an “accident.” Disclaimer: This publication is made available for edu…
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