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Aviation & Aerospace

…18 Air Crash near Punta Islita Airport, Costa Rica on December 31, 2017 Mid-air Crash near San Diego-Brown Field Municipal Airport, California on August 16, 2015 Air Crash in the Java Sea on December 28, 2014 Air Crash at Gaithersburg, Maryland on December 14, 2014 Air Crash at San Francisco, CA on July 6, 2013 Air Crash at Georgetown, Guyana on July 30, 2011 Air Crash near Islamabad, Pakistan, on July 28, 2010 Air Crash near Buffalo, New York, on…
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Small Unmanned Aircraft Systems Finally Approved for Takeoff

…e FAA to issue regulations that would allow for such integration. This long-awaited final rule provides a regulatory framework finally authorizing commercial small UAS operations to commence. The final rule follows the FAA’s proposed rule published in February 2015 and the over 4,600 comments received on the proposed rule. The FAA confirmed its position, controversial to some, that a UAS is indeed an “aircraft” within the FAA’s regulatory purview,…
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Chambers and Partners has released its 2023 USA Guide and once again recognized Condon & Forsyth as a leader in the Transportation: Aviation: Litigation category.

…, as well as contractual disputes and regulatory investigations. The team maintains a strong presence on both coasts.” Clients describe the Condon & Forsyth team as “very knowledgeable and diverse in their specialties,” as well as “very well known” with “strong relationships.” Our attorneys were also commended for being “well respected,” having “sophisticated knowledge,” and “an impressive background in the aviation industry.” To view the firm’s e…
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Important Change to Aircraft Owner and Lessor Liability Under FAA Reauthorization Act of 2018

…tters, including one that can be found on our website at: https://condonlaw.com/2011/09/lessor-liability-florida-supreme-court-limits-pre-emptive-effect-federal-ownerlessor-liability-statute-vreeland-v-ferrer-special-edition-fall-2011/. 3 Id. at 80. 4 Id. 5 See, e.g., Scollard v. Duncan Aviation, Case No. CI 02-2621, Order (Neb. Dist. Ct. Lancaster Cty. Oct. 10, 2003)….
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The Last District Court Judge to Determine the Enforceability of EU 261 in the US “Joins the Chorus” in Holding that a Direct Claim for EU 261 Compensation Cannot be Brought in US Courts

…harp’s opinion states that he “joins the chorus in holding that a direct claim for compensation under EU 261 cannot be brought in courts of the United States.” Following the reasoning of Judge Nordberg in Lozano v. Continental Airlines, Inc.5 and Judge Chang in Volodarskiy v. Delta,6 the first two district court judges to issue opinions determining the enforceability of EU 261 in the US, Judge Tharp granted United’s motion to dismiss on the ground…
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The Third Circuit Court of Appeals Limits Preemption in Sikkelee v. Precision Airmotive Corp.

…. the regulations and decisions we discussed in Abdullah all related to in-air operations . . . and the catch-all standard of care that we held a court ‘must refer to’ applied only to operating, not designing or manufacturing an aircraft.4   Product liability claims, the Court concluded, were not subject to the same “catch-all” standard of care that applied to in-air operations under the FARs. The Third Circuit went on to hold that there was no e…
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Court Rules that the ADA Impliedly Preempts Claims for EU 261 Compensation from Being Adjudicated in U.S. Courts

…ed on Feb. 12, 2014). 4 The plaintiffs also alleged a breach of contract claim against Iberia. In a separate opinion, Judge Durkin granted Iberia’s motion for summary judgment dismissing the plaintiffs’ breach of contract claim. 5 Lozano v. Continental Airlines, Inc., No. 11 C 8258, 2013 WL 5408652 (N.D. Ill. Sept. 26, 2013) (Nordberg, S.J.). A final judgment has not been entered in this case, however, as the plaintiffs moved for reconsideration….
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