…such issues as code sharing, licensing, route applications, and regulatory compliance. We counsel air carriers and other clients on compliance with the requirements of the Passenger Service and Tarmac Delay regulations, website advertising, the Air Carrier Access Act and other legislation concerning the transportation of disabled passengers, as well as the Foreign Air Carrier Family Assistance Act. We also prepare our foreign airline clients and f…
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…he Act is uncertain at best. Similar legislation was proposed in 2015 but failed to gain support. Notably, the Act is a departure from the approach currently taken by the FAA in 14 C.F.R. Part 107, the regulation which authorizes and spells out the requirements for commercial operation of small UAS in the national airspace. In fact, the FAA specifically considered and chose not to include privacy regulations within Part 107 because such concerns “…
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…cedures.” Furthermore, “check-in” is defined in Delta’s tariff as the “face-to-face contact with a Delta representative,” such that the passenger’s reserved seat status is changed from reserved to checked-in. The tariff refers passengers to the carrier’s website for the appropriate check-in deadlines, which is one hour before departure in the case of customers with checked baggage departing from JFK. Plaintiffs argued that their arrival in the che…
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…from the United States to Greece and preempted plaintiffs from seeking non-compensatory damages by stating their claim as one for breach of contract. With regard to the argument that plaintiffs‟ claims for damages can only be brought under the Montreal Convention, Judge Lefkow, relying on the Seventh Circuit‟s decision in Sompo Japan Ins., Inc. v. Nippon Cargo Airlines Co.,15 held that the Montreal Convention does not preempt state law causes of…
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…leged that the contractual obligation was contained in the language of the airlines’ website which stated that the amounts which the airlines collected included fees and taxes which were due the Mexican government. Since these fees and taxes were not “due” the Mexican government, the airlines breached their contractual obligation to the passengers. The district court rejected the plaintiff’s argument and granted summary judgment in favor of both c…
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…e the DOT’s regulation of unfair and deceptive practices seeks to provide fair competition among carriers, civil RICO targets a broad range of criminally fraudulent acts not restricted to air carriers, their pricing, or their advertising. Citing the Congressional admonition that the RICO statute is to be “liberally construed to effectuate its remedial purposes”, the appellate court said it could “divine no clear and manifest congressional intent f…
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…r lack of personal jurisdiction); Siswanto v. Airbus Americas, Inc., No. 15-CV-5486, 2016 WL 7178459 (N.D. Ill. Dec. 9, 2016) (memorandum opinion and order granting Thales Avionics’ motion to dismiss); Siswanto v. Airbus Americas, Inc., No. 15-CV-5486, 2016 WL 7178460 (N.D. Ill. Dec. 9, 2016) (memorandum opinion and order dismissing several U.S.-based defendants on the basis of forum non conveniens). 7 137 S. Ct. 827, 196 L. Ed. 2d 610 (Jan. 19, 2…
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…Partner Kathy Posner will speak at the 10th Annual McGill Conference on International Aviation Liability and Insurance (22-23 June 2017, held in Montreal), which brings together world-leading aviation liability and insurance experts. Kathy will participate on a panel on the “Challenges of Settlement and Emerging Insurance Issues.” View program materials: https://www.mcgill.ca/iasl/events/iali2017/programme. …
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…ions of the deadline to object to the Order. When and if their objections are resolved, the DOT’s findings will be presented to the President for final approval within 60 days. 1 Order 2016-4-12; see Docket DOT-OST-2013-0204. 2 Further information about the bill is available at https://www.congress.gov/bill/114th-congress/house-bill/5090….
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…t and Emerging Insurance Issues.” John, also participating on a panel, will discuss “Recent Developments in Air Carrier Liability.” View program materials: https://www.mcgill.ca/iasl/events/iali2017/programme….
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