In Vanderwall v. United Airlines, Inc., __ F. Supp. 3d __, 2015 WL 309094 (S.D. Fla. Jan. 26, 2015), a federal district court in Florida granted summary judgment to the airline dismissing personal injury claims by a passenger...more
In personal injury or death cases, Article 33 of the Montreal Convention provides five jurisdictions in which an action against the airline can be brought: (1) an air carrier’s place of domicile; (2) an air carrier’s...more
In April 2014, the U.S. Supreme Court held that the Airline Deregulation Act (ADA) preempted a frequent flyer program member's common law claim for breach of the implied covenant of good faith and fair dealing because the...more
- 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
- 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.
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
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
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
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
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
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
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