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…authors directly. General inquiries may be directed to info@nullcondonlaw.com.   1 Daversa-Evdyriadis v. Norwegian Air Shuttle ASA, No. 5:20 Civ. 00767 (C.D. Cal. Sept. 17, 2020). 2 Though the plaintiff requested leave to amend her complaint in order to add a claim seeking rescission of her contract with Norwegian, Judge Bernal rejected this request, simply stating that such claim for rescission would also be preempted by the ADA. Plaintiffs in o…
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…inesses, families, doctors and nurses, struggling hospitals in underserved communities, and the overall economy to ensure that undesired consequences don’t overshadow the good we can do for grieving families.” On January 30, 2023, Governor Hochul vetoed the GFA. In her statement, Governor Hochul expressed support for the intent of the bill, but voiced concerns regarding the indefinite class of beneficiaries, broad categories of damages “which may…
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…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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…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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…in this publication, please contact the authors directly. General inquiries may be directed to info@nullcondonlaw.com….
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…ourt remanded the case to Texas state court, holding that the RLA does not completely preempt any claim involving a collective bargaining agreement (“CBA”) between commercial air carriers and their pilots. On remand, Boeing filed a Plea to the Jurisdiction, arguing that the court lacked subject matter jurisdiction over the action for two reasons: (1) SWAPA did not have standing to pursue the claims of its members at the time it commenced the actio…
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…e facilities – most notably, for public hospitals that serve disadvantaged communities.” Governor Hochul explained that she remains open to updating the wrongful death statute in the future. The vetoed bill will now be returned to the Legislature. A vetoed bill can become law if two-thirds of the members of each house vote to override the Governor’s veto. The Legislature has until the end of the session (June 2024) to override the veto. Condon & F…
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…ates the ADA’s broad preemptive scope, and the hurdles plaintiffs must overcome to maintain a state law-based claim arising out of an air carrier’s services. 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 Wilson v. Caribbea…
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