John Maggio Speaks at the Aviation Insurance Symposium
Partner John Maggio was proud to join aviation industry leaders in attending the Aviation Insurance Symposium on October 14, at the Taj Mahal Palace in Mumbai, India. John gave a
Keep reading…
Publications
Airline Deregulation Act Preempts Claim that Airline Negligently Failed to Prevent Cocaine Being Planted in Baggage
In Wilson v. Caribbean Airlines Ltd., the U.S. District Court for the Eastern District of New York recently held that the Airline Deregulation Act of 1978 (the “ADA”) preempts and
Keep reading…
U.S. District Court Denies Boeing Motion to Dismiss Fraud and Misrepresentation Claims Arising from the 737 MAX Grounding
On September 30, 2022, the U.S. District Court for the Western District of Washington issued an Order denying The Boeing Company’s (“Boeing”) motion to dismiss Polskie Linie Lotnicze LOT S.A.’s
Keep reading…
The Partners of Condon & Forsyth LLP are pleased to announce that Marissa Lefland has been elected Partner in the firm effective January 1, 2022
Marissa Lefland has significant experience litigating in both federal and state court, where she has conducted trials, arbitrations, and mediations. Marissa has represented foreign and domestic air carriers, terminal operators,
Keep reading…
Texas State Court of Appeals Revives SWAPA’s Action Against Boeing Ruling that the RLA Does Not Preempt SWAPA’s State-Law Claims
On March 30, 2022, the Court of Appeals for the Fifth District of Texas reversed the Dallas trial court’s order granting The Boeing Company’s (“Boeing”) Plea to the Jurisdiction1 and
Keep reading…
Second Circuit Reaffirms the Preemptive Effect of the Montreal Convention
The Montreal Convention exclusively governs lawsuits against air carriers for damage arising from delay of or damage to cargo during international air transportation.1 A recent decision by the United States
Keep reading…
U.S. District Court for the Eastern District of New York Clarifies Applicability of Montreal Convention to Delayed Transportation of Human Remains
In a two-part opinion, the United States District Court for the Eastern District of New York dismissed a lawsuit by the family of a deceased Pakistani-American whose remains were not
Keep reading…
Texas Federal Court Rules that Boeing Cannot Withhold Otherwise Discoverable Documents and Information Based on the ICAO Annex 13
On January 27, 2021, the U.S. District Court for the Eastern District of Texas held that Boeing had no right to withhold documents and information based on an alleged litigation
Keep reading…
Massachusetts Federal Court Reaffirms that a Passenger’s Personal, Subjective Expectations Have No Bearing on Whether an “Accident” Occurred under the Montreal Convention
The Montreal Convention governs the rights and liabilities of air carriers for injuries sustained by passengers during international air transportation.1 Under Article 17 of the Montreal Convention, an air carrier
Keep reading…
Federal Court Finds Montreal Convention Does Not Provide Basis for Personal Jurisdiction
A common misconception among practitioners is that the Montreal Convention, in addressing the issue of where lawsuits may be filed against air carriers, confers personal jurisdiction over carriers. In actuality,
Keep reading…