A New York federal district court has sent a clear message that "context matters" when assessing a false labeling claim.1 In dismissing another putative class asserting violations of state and federal consumer protection...more
A New York federal district court dismissed a putative class action asserting violations of state and federal consumer protection laws, fraud and unjust enrichment arising from claims that it was misleading to label juice...more
The FAA Reauthorization Act of 2018, enacted on Oct. 5, 2018, has clarified and confirmed the pre-emptive effect of the federal statute intended to shield from liability owners, lessors and secured parties not in operational...more
10/31/2018
/ Aircraft ,
Airline Passengers ,
Airplane Accidents ,
Amended Legislation ,
Aviation Industry ,
Bodily Injury ,
Federal Aviation Administration (FAA) ,
Immunity ,
Lessor ,
Liability ,
Owner-Operators ,
Preemption ,
Reauthorization ,
Transportation Industry
The District of Columbia Circuit Court of Appeals recently upheld a Federal Aviation Administration (FAA) decision to publish an airworthiness directive ordering the removal of certain cylinder assemblies used in piston...more
3/20/2018
/ Administrative Procedure Act ,
Airplane Accidents ,
Appeals ,
Arbitrary and Capricious ,
Aviation Industry ,
Federal Aviation Administration (FAA) ,
Manufacturers ,
NTSB ,
Petition for Review ,
Risk Assessment ,
Safety Reports ,
Substantial Evidence Standard
The Southern District of New York has confirmed that when the trustee of a non-citizen aircraft trust brings suit in its own name, the citizenship of that trustee may be used to establish diversity jurisdiction in federal...more
8/15/2017
/ Aircraft ,
Breach of Contract ,
Citizenship ,
Diversity Jurisdiction ,
Federal Aviation Administration (FAA) ,
Federal Rules of Civil Procedure ,
Foreign Trusts ,
Leases ,
Real Party in Interest ,
Section 17(a) ,
Trustees
A Florida district court has taken the rare step of referring a dispute between aerospace industry competitors to the Federal Aviation Administration (FAA) under the "primary jurisdiction doctrine." Under this doctrine, a...more
A decision out of the U.S. District Court for the District of Hawaii joins a growing list of holdings reaffirming the proposition that an owner, lessor or secured party not in actual possession or control of an aircraft is...more
The District Court for the Northern Mariana Islands has reaffirmed the proposition that an aircraft lessor is shielded from liability for injuries to persons on board an accident aircraft when the lessor is not in possession...more
Courts continue to analyze the term "airworthy" and its implications. Recently, a District Court in the Western District of Tennessee weighed in on the scope of the term "airworthy" and its sometimes complicated relationship...more
In Luig v. North Bay Enterprises, Inc., a Texas District Court recently considered a seller's obligation to deliver an "airworthy" aircraft in the context of an aircraft purchase agreement that also contained an "as is"...more
The Second Circuit recently issued a summary decision concerning the scope of a "no oral modification" clause in contracts governing the sale of helicopters. The underlying dispute involved three separate helicopter purchase...more
In a case of first impression, the New York Court of Appeals has held that a court need not undertake a conflicts-of-laws analysis when there is an express choice of New York law in a contract pursuant to New York General...more