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| Client Bulletins
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No Private Right of Action for Violation of Regulation EU 261 in United States Courts

…ct claims, the plaintiffs in the Continental and Delta cases amended their complaints to assert a second cause of action for a direct violation of EU 261. Soon after, the plaintiffs in the Alitalia, Iberia, Lufthansa, and United cases also asserted a new cause of action for a direct violation of EU 261. Following the assertion of this new claim, each of the six airlines – Alitalia, Continental, Iberia, Lufthansa, Delta and United – moved to dismis…
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Petition Denied: U.S. Supreme Court Will Not Consider Question of Federal Preemption for Aviation Product Liability

…aircraft product, establishing implied federal preemption. The plaintiffs’ complaint was dismissed because there was no identifiable federal standard of care applicable to their claims. Given the breadth of Sikkelee and the Supreme Court’s denial of Certiorari, it is likely the Washington Supreme Court will follow the Third Circuit’s decision in Sikkelee in deciding Becker. 1 The October 28 Client Bulletin can be accessed at http://www.condonlawco…
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An Overview of Federal Law Governing the Carriage of Passengers Who May Have a Communicable Disease on International Flights

…f Individuals Suspected of Having Coronavirus, Mar. 2, 2020, https://www.transportation.gov/individuals/aviation-consumer-protection/enforcement-notice-regarding-denying-boarding-airlines. 8 Air France v. Saks, 470 U.S. 392, 405-06 (1985). 9 See, e.g., Olympic Airways v. Husain, 540 U.S. 644, 656 (2004).  …
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Alexandra N. Daly

…delphia Legal Assistance, which provides free civil legal assistance to low-income individuals and families in Philadelphia. Prior to joining the firm, she worked as a judicial law clerk for the Honorable Garry J. Furnari and the Honorable Craig R. Harris, of the Superior Court, Newark, NJ. Alexandra also was an intern for the Taxation, Bankruptcy, and Debt Recovery Unit and the Financial Transactions Unit at the State of New Jersey Office of the…
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Zoe Bartholomay

…ational Law Journal, and the Federal Litigation Clinic. While in law school, Zoe volunteered at Mobilization for Justice, an organization which offers free legal assistance to low-income New Yorkers throughout New York City. Upon graduation, Zoe received the Archibald R. Murray Public Service Award cum laude….
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Privacy Regulations Absent from FAA’s Long Awaited Final Rule Regarding Small Unmanned Aircraft Systems

…to include privacy provisions in its final rule. Other interested parties maintained that privacy regulations were beyond the scope of the FAA’s authority, were best addressed at the state level and existing law already adequately addressed the issue of privacy. The FAA ultimately opted not to impose privacy regulations within Rule 107 because such concerns do not implicate the safe flight of the aircraft and to do so “would be a significant expan…
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Fifth Circuit Affirms Summary Judgment Dismissal in Favor of Airline Finding No Article 17 Accident in a Fall Down Escalator Stairs by Elderly Wheelchair Passenger

…iven the wheelchair instruction in Vietnamese. Nguyen deplaned with the non-wheelchair passengers. As she exited the aircraft, she walked past a row of available wheelchairs and attendants but made no attempt to secure one. She proceeded on her own towards customs, but fell down escalator stairs sustaining serious injuries. Nguyen made three arguments in support of her claim that her fall was the result of an Article 17 accident. First, she argued…
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| Client Bulletins

Punitive Damages: What is the Right Amount?

…g out that such awards “have been characterized as ‘a windfall’ of a fully compensated plaintiff.” (Slip op at 15). In some cases, the Court pointed out it is actually the taxpaying public that bears the brunt of an excessive punitive damage award (for example, because of indemnification agreements between municipalities and their employees who may be found liable for such punitive damage awards). The Court then turned to the issue of how the amou…
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| News & Events

Chambers USA Once Again Recognizes Condon & Forsyth

…tions, emergency response and mass disaster litigation.” “Clients describe having ‘the most outstanding experience’ working with the firm, confirming that ‘they are always available, providing excellent and timely legal services.’ To view the firm’s entire profile, please visit the Chambers USA website. Since 1999, Chambers & Partners has been researching the global legal profession, identifying the leading lawyers and law firms. Chambers USA 2019…
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