Judith Nemsick

Judith Nemsick

Holland & Knight LLP

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District Court Holds Guyana Not a Party to Warsaw Convention

- In deciding treaty status, courts place "controlling importance" on the governmental conduct of the countries at issue. - Guyana's post-independence accession to other treaties – but its failure to formally accede to the...more

6/12/2014 - International Treaties Treaties Warsaw Convention

Aviation Defendants Contend with Challenges to Federal Jurisdiction

- An aircraft manufacturer's ability to remove a case to federal court based on admiralty jurisdiction involved consideration of whether "injury became inevitable" while the aircraft was still over water. ...more

6/6/2014 - Aircraft Asiana Federal Admiralty Law Federal Jurisdiction FSIA Jurisdiction Manufacturers

U.S. Supreme Court Unanimously Reverses Ninth Circuit in Northwest, Inc. v. Ginsberg, Holding ADA Preempts State-Imposed Fair...

The U.S. Supreme Court unanimously holds that the Airline Deregulation Act (ADA) preempts a state-law claim for breach of the implied covenant of good faith and fair dealing where it seeks to enlarge the parties' voluntary...more

4/4/2014 - Airline Deregulation Act Covenant of Good Faith and Fair Dealing Northwest v Ginsberg Preemption SCOTUS

U.S. Supreme Court Holds Airline Entitled to ATSA Immunity in Pilot Defamation Case

In Air Wisconsin Airlines Corp. v. Hoeper, the U.S. Supreme Court has ruled that immunity may not be denied under the Aviation and Transportation Security Act (ATSA) to substantially true statements. According to the Court,...more

1/30/2014 - Air Wisconsin v. Hoeper Airline Employees Airlines ATSA Aviation Industry First Amendment Immunity National Security SCOTUS Sonia Sotomayor Transportation Security Administration

U.S. Supreme Court Adds "Relevant Reader or Listener" to "Material Falsity" Defamation Analysis

In its decision in Air Wisconsin Airlines Corp. v. Hoeper, the U.S. Supreme Court has ruled that "the relevant reader or listener" must be considered in assessing the falsity element in defamation lawsuits. The Air Wisconsin...more

1/29/2014 - Air Wisconsin v. Hoeper ATSA Defamation First Amendment SCOTUS Transportation Security Administration

First Circuit Affirms Dismissal of Parental Child Abduction Case on ADA Preemption Grounds

In a significant decision for the airline industry, the U.S. Court of Appeals for the First Circuit affirmed the district court's summary judgment dismissal of common law tort claims against an airline arising out of a...more

10/7/2013 - Airline Deregulation Act Child Custody Dismissals Kidnapping Minors Preemption

Recent Rulings Find Preemption of State Law Claims and Enforce Airline Contracts of Carriage

In the past few months, courts have issued several decisions favorable to the airlines finding preemption of various state law claims and rejecting breach of contract claims. The decisions address a variety of passenger...more

10/2/2013 - Airlines Aviation Industry Breach of Contract Discrimination Preemption Summary Judgment

In Latest Massachusetts Skycap Case, First Circuit Holds That ADA Preempts Common Law Claims

Resolving an issue of first impression, the U.S. Court of Appeals for the First Circuit in Brown v. United Airlines, Inc. affirmed the district court's holding that common law claims, like statutory claims, are subject to...more

8/1/2013 - Airline Deregulation Act Airlines Preemption

U.S. Supreme Court Grants Certiorari on Significant Aviation Issues

This spring, the U.S. Supreme Court granted certiorari to review two decisions that significantly affect the aviation industry, namely airline immunity under the Aviation and Transportation Security Act (ATSA) and preemption...more

7/31/2013 - Airline Deregulation Act Airlines ATSA Aviation Industry Certiorari Immunity Preemption SCOTUS Transportation Security Administration

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