Holland & Knight LLP

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
| Civil Procedure, Personal Injury, Transportation

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 principal…more
| Civil Procedure, Personal Injury, Transportation

Proposed California Bar Opinion Seeks to Clarify Advertising Rules for Lawyer Blogs - California Joins Growing Number of States in Attempting to Tackle Emerging Lawyer Advertising Issue

There has been some confusion in recent years regarding how state disciplinary boards would – or should – treat lawyer and law firm blogs. While commentators and ethics boards have generally agreed that comments by a blogging…more
| Communications & Media Law, Law Firm Marketing

Courts Consider "Airworthiness" Requirement and "As Is Where Is" Disclaimer

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 to…more
| Civil Procedure, Commercial Law & Contracts, Transportation

Court Decides Sarbanes-Oxley Is Intended for a Different Kettle of Fish The Fish Tale and the U.S. Supreme Court: Part II

By a surprisingly narrow margin, the U.S. Supreme Court recently spared future fishermen from facing up to 20 years in prison for destroying their catch. The case, Yates v. United States of America, involved the curious tale of…more
| Criminal Law

Multas por Incumplimiento de las Normas de Seguridad y Salud en el Trabajo

El Ministerio del Trabajo mediante el decreto 472 de 2015 reglamentó los criterios de graduación de las multas a las compañías, conforme a la obligación impuesta por el artículo 13 de la ley 1562 de 2012, cuando estas infrinjan…more
| Labor & Employment Law

Placement of Checkbox Can Make or Break a Clickwrap Agreement

The enforceability of a wrap agreement (browsewrap, clickwrap and shrinkwrap) can often turn on what to the untrained eye may be mere minutiae. Such minutiae can include the nuances of the design of a website. For example, in…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Products Liability

The Tyranny of the Abutter?

The time spent deconstructing the writings of Alexis de Tocqueville has to rank among the least gratifying memories of every former political science major. De Tocqueville's most notable work, Democracy in America, expounded…more
| Civil Procedure, Zoning, Planning & Land Use, Real Estate - Residential

Court Upholds Endangered Species Act Incidental Take Permit for Windfarm

On March 17, 2015, Judge Leon of the United States District Court for the District of Columbia issued a memorandum opinion upholding the United States Fish and Wildlife Service's (USFWS) issuance of an incidental take permit for…more
| Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

DOT Announces Pilot Program Permitting Local Hiring Preferences - FHWA-Funded Projects Require Prior Approval; FTA-Funded Projects Do Not

The U.S. Department of Transportation (DOT) announced a pilot program that would permit state and local recipients of federal highway and federal transit funds to issue solicitations with "local hire" preferences. DOT also…more
| Construction Law, Labor & Employment Law, Zoning, Planning & Land Use, Transportation, Government Contracting

Another Invalidated Clickwrap Agreement

The foremost case dealing with whether “wrap agreements” (e.g. clickwrap, shrinkwrap and browsewrap) are legal is almost 13 years old. See Specht v. Netscape Commc’ns Corp., 306 F.3d 17 (2d Cir. 2002). And yet, a new case…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Law Practice Products & Services

FTC Focuses on Emerging Technologies Amid Congressional Efforts to Expand Data Security Enforcement

Monday the Federal Trade Commission’s (FTC) Bureau of Consumer Protection (BCP) announced the creation of the Office of Technology Research and Investigation (OTRI), a new initiative focused on consumer protection in emerging…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Circuit Court Provides Clarification of Pleading Standards in FCA Cases - The Court's Holding Details Requirements for Alleging the Knowledge and Falsity Elements of an FCA Claim

A recent U.S. Court of Appeals case from the Seventh Circuit has brought further insight into the heightened pleading standard required under the False Claims Act (FCA). The case, Thulin v. Shopko Stores Operating Co., LLC, 7th…more
| Civil Procedure, Commercial Law & Contracts, Health, Government Contracting

Treaty Preempts Discrimination and Contract Claims From Seat Assignment Dispute - Although the Complaint Did Not Plead a Montreal Convention Cause of Action, the Court Found Plaintiff’s Claims Were Governed Exclusively by the Convention

The U.S. District Court for the District of Columbia granted an airline's pre-answer motion to dismiss a passenger's discrimination and breach of contract claims arising from the airline's alleged failure to assign the passenger…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Conflict of Laws, Transportation

Consumer Protection Agencies Agree to Coordinate Investigation Strategy - FTC and CFPB Reauthorize Memorandum of Understanding

On March 12, 2015, the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB), the two agencies in charge of the federal government's consumer protection mission, reauthorized their Memorandum of…more
| Antitrust & Trade Regulation, Finance & Banking, Consumer Protection
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