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Indiana Court of Appeals Finds that Post-Accident Reports Do Not Constitute Subsequent Remedial Measures

In a matter of first impression, the Indiana Court of Appeals recently decided that a post-incident investigation is not an inadmissible subsequent remedial measure under Indiana Rule of Evidence 407....more

Courts Continue to Reaffirm Preemptive Effect of Statute Protecting Aircraft Lessors

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

How an Injury Attorney in Chicago Proves Negligence

When someone sustains an injury or loses a loved one because of the negligent actions of another, an injury attorney in Chicago can help establish legal liability. The Insurance Institute for Highway Safety reports that...more

Torts – Negligence Per Se and Causation/CCP 998 Offers

Anthony Toste v. CalPortland Construction et al. - Court of Appeal, Second Appellate District (March 2, 2016) - In many tort actions, plaintiff will argue that the defendant violated some statute or ordinance and...more

Statutory Violation Does Not Establish Causation in Wrongful Death Action

In Anthony Toste v. CalPortland Construction, et al. (No. B256946, filed 3/2/16), the California Court of Appeal for the Second Appellate District affirmed the power of the jury to determine causation as an issue of fact in a...more

Supreme Court Approves Public Entity Design Immunity Defense

Randall Keith Hampton, et al. v. County of San Diego - Supreme Court of California (December 10, 2015) - In California, a public entity can be liable for injuries caused by dangerous conditions of public property...more

Rome II – Applicable law to tort claims and indirect consequences – clarification from the ECJ

In a decision handed down last week (10 December 2015), the ECJ has ruled that the law applicable to any claim for indirect consequences of a tort will generally be governed by the law of the country where the direct damage...more

Aviation Happenings - Winter 2016

Court Holds that Seating a Passenger Behind an IFE Box Does Not Constitute Montreal Convention “Accident” - The United States District Court for the Eastern District of Pennsylvania recently held that seating a...more

The World in US Courts: New Decision of the US Supreme Court Limits Suits Against Non-US Governmental Entities

The US Foreign Sovereign Immunities Act (“FSIA”) codifies the doctrine of sovereign immunity and generally prohibits lawsuits in US courts against non-US sovereigns. But the FSIA has an exception where, among other things, a...more

Supreme Court Clarifies the Scope of Application of Commercial Activity Exception to Foreign Sovereign Immunity

On December 1, 2015, the United States Supreme Court issued its decision in OBB Personenverkehr AG v. Sachs a case presenting important questions concerning the types of commercial activities that may strip foreign states and...more

Supreme Court Update: OBB Personenverkehr Ag V. Sachs (13-067) And Order List

If you blinked, you might have missed it, but the Court handed down its first signed opinion of the Term this week in OBB Personenverkehr AG v. Sachs (13-1067), unanimously holding that an Austrian railroad was immune from...more

The Supreme Court: OBB Personenverkehr AG v. Sachs

The Supreme Court of the United States announced the following decision today: OBB Personenverkehr AG v. Sachs, No. 13 1067: Respondent Carol Sachs, a California resident, purchased a Eurail Pass over the Internet...more

Opening the Courts to Seat Belt Non-Use Evidence

The Texas Supreme Court’s ruling in Nabors Well Services, Ltd. v. Romero, 456 S.W.3d 553 (Tex. 2015) has re-opened the national debate about whether courts should admit evidence of seat belt non-usage in lawsuits arising from...more

Texas Supreme Court Declines Opportunity to Review Appellate Decision Clarifying Insurer’s Settlement Obligations In...

Last year in Patterson, et al. v. Home State County Mut. Ins. Co., 2014 Tex. App. LEXIS 4460, 2014 WL 1676931 (Tex.App., Apr. 24, 2014), the Texas First Court of Appeals (Houston) held that an insurer was not obligated to...more

Bringing Punitive Damages to the Forefront of Florida Trucking Litigation

Having punitive damages imposed against a trucking company is often a source of great anxiety for defense attorneys and their trucking company clients. Florida attorneys skilled in the handling of truck accident cases...more

Eastern District of Pa. Again Recognizes Montreal Convention Exclusively Governs Claims

Action Item: Until there is appellate resolution of the preemptive effect of the Montreal Convention, airlines sued in state court over damages allegedly arising during the course of international transportation should...more

Court Reaffirms Preemptive Effect of Statute Protecting Aircraft Lessors

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

No Article 17 Accident in Passenger Slip-and-Fall

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

California Restricts Principles of “General” Personal Jurisdiction

In BNSF Railway Company v. Superior Court (Kralovetz) (Filed 3/27/2015, No. B260798), the California Court of Appeal, Second District, held a Delaware railroad corporation, with its principal place of business in Texas, was...more

Court Rules on “Principal and Permanent Residence” Under MC Article 33

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

Florida Appeals Court Holds Contractor and Engineering Firm Entitled to Summary Judgment on Personal Injury Claim Where Owner...

The Florida Department of Transportation (“DOT”) hired Transportation Engineering, Inc. (“TEI”) to design, and D.A.B. Constructors, Inc. (“DAB”) to install, median guardrails along the Florida Turnpike. After the...more

Trick or treat? The Supreme Court's refusal of permission to appeal in Huzar and Dawson (UK)

DLA Piper comments on the recent decisions of the Supreme Court to deny permission to appeal in the cases of Huzar v Limited and Dawson v Thomson Airways Limited in the latest issue of Travel Law...more

New Hampshire Court Dismisses Negligent Hiring and Retention Claims as Redundant of Motor Carrier’s Vicarious Liability

A New Hampshire trial court recently ruled that negligent hiring and retention claims asserted against a motor carrier on behalf of persons seriously injured in a multi-vehicle accident are redundant of the motor carrier’s...more

Eleventh Circuit Affirms Dismissal of Injury Claim in Airline Bumping Case

The ruling by the U.S. Court of Appeals for the Eleventh Circuit in Campbell v. Air Jamaica, Ltd. is a favorable one for the aviation industry. The court confirmed that non-economic damages, including emotional distress and...more

Aviation Flyer - Summer 2014

In This Issue: - Forum Non Conveniens - A Defendant’s Initial Impulse Could Be The Riskiest - Providing Information To Expert Witnesses: A Quick Guide To The Proper Procedures And Potential Pitfalls -...more

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