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| News & Events

Dave Harrington, Allison Surcouf, and Brittany Thomas Speak at the ABA TIPS Conference

…, insurance, government, and industry leaders at the ABA TIPS program, “Welcome to The New Normal: Practicing Aviation Litigation in a Post Pandemic World,” held October 27-28, in Washington, D.C. The ABA TIPS event offered views on continuing challenges facing the aerospace industry and featured key representatives and experts in the aviation and aerospace industry. Dave moderated a panel on the current state of the UAM industry and its risk mana…
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Amendments to Cuba License Exceptions for Aircraft, Vessels, and Spacecraft (AVS)

…gistered civil aircraft that remain eligible for License Exception AVS are commercial aircraft operating under an Air Carrier Operating Certificate, Commercial Operating Certificate, or Air Taxi Operating Certificate issued by the FAA; Foreign Air Carriers operating with FAA approval under 14 C.F.R. Part 129; or air ambulances operating under 14 C.F.R. Part 135.3 Previously, other U.S.-registered civil aircraft were authorized to travel to Cuba so…
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| Client Bulletins
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Florida Overhauls Civil Remedies and Insurer Bad Faith Claim Requirements

…s that arise after March 24, 2023. Additionally, HB 837 modifies Florida’s comparative negligence paradigm, barring recovery to any claimant who is found to be more at fault for her injuries than the defendant (except in claims arising out of medical negligence). Previously, Florida used a “pure” contributory fault system whereby a plaintiff’s recovery would be reduced by the percentage of his liability. With this new modified comparative negligen…
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| Client Bulletins
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New York Supreme Court Holds an Out Of Possession Landlord Is Not Liable for an Alleged Defect as It Is Not Contractually Responsible for Repairs or Maintenance of Its Property

…airs and assigns all maintenance to the tenant. It serves as a reminder to commercial property owners of the importance of including provisions in commercial leases that shift liability to tenants in sole possession of a property by requiring tenants to maintain the premises and to strongly consider relinquishing the right to either inspect or re-enter the premises. Disclaimer: This publication is made available for educational purposes only and i…
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Revised Grieving Families Act Introduced

…ories of damages “which may result in confusion for judges and litigants,” competing claims for damages from new classes of litigants in currently pending litigation, and increased costs of “already-high insurance burdens on families and small businesses.” On Tuesday, May 2, 2023, Senator Hoylman-Sigal and Assembly Member Weinstein reintroduced the GFA (Senate Bill S6636/Assembly Bill A6698) with some notable changes which respond to the governor’…
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| News & Events

Chambers and Partners has released its 2023 USA Guide and once again recognized Condon & Forsyth as a leader in the Transportation: Aviation: Litigation category.

…ility claims, wrongful death disputes, punitive class actions, and general commercial disputes. Condon & Forsyth is proud to be recognized as a top law firm in this area. Since 1989, Chambers and Partners has researched the global legal profession to identify leading lawyers and law firms as best in their field. Chambers USA 2023 rankings were determined through interviews with lawyers and their clients worldwide. Results were audited independentl…
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In Landmark Case Involving Attorneys Who Submitted Fake Court Decisions Generated by ChatGPT, Federal Judge Sanctions the Attorneys and Dismisses Action as Time-Barred Under the Montreal Convention

…the Montreal Convention provides a two-year limitations period in which to commence an action arising under the Convention. The alleged incident occurred on August 27, 2019, yet the lawsuit was not commenced until February 2, 2022 – more than two years after the incident. The court agreed with the air carrier that the two-year limitations period is a strict condition precedent to bringing a claim. Therefore, unlike a statute of limitations, the tw…
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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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