Aircraft

News & Analysis as of

Federal Circuit Flushes Appeal Relating to Infringement of Airline Toilet Patents; Waives-Off Challenge to Finding of Assignor...

On March 23, 2016, the Federal Circuit in MAG Aerospace Indus., Inc. v. B/E Aerospace, Inc., Nos. 2015-1370, -1426, upheld a decision concerning U.S. patents directed to vacuum toilets found on commercial aircraft. In its...more

Third Circuit Limits Federal Aviation Act Preemption for Product Liability Claims

In a departure from a string of cases supporting field preemption of state-law aviation product liability claims under certain circumstances by the Federal Aviation Act (FAAct), the Third Circuit recently held that the FAAct...more

Innovator Drug/510k Medical Device Impossibility Preemption and the Meaning of “A Fortiori”

According to Black’s Law Dictionary, “a fortiori” is legal Latin meaning: - By even greater force of logic; even more so it follows. We’ve been arguing for some time – since PLIVA v. Mensing, 131 S. Ct. 2567...more

Environmental Groups Sue Over Aircraft Emissions Rulemaking

The Center for Biological Diversity and Friends of the Earth have filed a lawsuit against the U.S. Environmental Protection Agency (“EPA”) seeking to compel the Agency to issue regulations limiting greenhouse gas emissions...more

Injury and Illness Rates among Flight Attendant Keep Soaring

Flight attendants deal with a variety of stressful situations on the job. From demanding adults to airsick children, they must  resolve conflicts and find creative solutions to keep passengers safe in the air and satisfied...more

High Net Worth Family Tax Report, Vol. 11, No. 1

IRS Addresses a Section 1031 Exchange of Aircraft - While we usually think of real property as the asset most often exchanged under Section 1031 of the Internal Revenue Code, the provisions of that are by no means...more

Chinese national hacker pleads guilty to sending U.S. military data to China

The FBI and DOJ continue their effort to bring cyber hackers to justice. Last week, Chinese national Su Bin pled guilty to stealing data related to Boeing’s C-17 military cargo plane and of trying to steal information...more

OFAC Authorizes Certain Commercial Passenger Aircraft Transactions with Iran

On March 24, 2016, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) issued General License I authorizing U.S. persons to undertake certain transactions ordinarily incident to the negotiation of, and...more

Know Your Rights in the Case of an Aviation Accident

An Air Passenger’s Rights Individuals board a plane without the knowledge of the rights that they have. In the event of an unexpected air crash, it pays to know what legal actions can be done in order to keep a passenger...more

Will New Technology, Legislation Help Drones and Airplanes Share the Sky?

On March 18, 2016, a Lufthansa Airbus A380 experienced a near miss with an unmanned aerial system (UAS or drone) while approaching LAX, 14 miles east of the airport at an elevation of 5,000 feet. The drone flew 200 feet over...more

Senate bill calls for certification of unmanned aircraft

The Senate's version of the FAA Reauthorization Act of 2016 has finally made it out of committee, and it contains 65 pages of requirements for unmanned aircraft systems (UAS). Some of these provisions go to the heart of the...more

In re Avantair: Is My Airplane Now Yours?

Last month, the United States Court of Appeals for the Eleventh Circuit upheld the Bankruptcy Court and United States District Court for the Middle District of Florida determination that the authorized swapping of parts among...more

FAA calls for contractors to assess airplane cyber threats and vulnerabilities

The Federal Aviation Administration (FAA) is now reaching out to contractors to help assess cyber-attack threats and vulnerabilities to communications systems on airplanes. This new effort is part of the Aircraft Systems...more

Transformational FAA Proposal Taxis for Takeoff

The Aviation Innovation, Reform, and Reauthorization Act of 2016 (“AIRR Act”) introduced by House Transportation and Infrastructure Committee Chairman Bill Shuster (R-PA) would reshape the U.S. air traffic control (ATC)...more

Aircraft Emissions Controls Due for Adoption, But Potential Court Challenges Loom

In our September 2014 Alert, we advised that that U.S. Environmental Protection Agency (“EPA”), under pressure from non-governmental organizations (“NGOs”), planned to issue a Clean Air Act Section 231 “endangerment finding”...more

Key Export Compliance Issues For 2016

The following are a number of important strategic issues to be considered in the export compliance area for the new year. 1. Recent Country Amendments – New Obligations and New Opportunities. There have been export...more

Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions - February 2016

This edition of the Cozen O’Connor Aviation Regulatory Update includes the recently signed U.S.-Mexico bilateral agreement that liberalizes air services between the two countries, new Cuba-related regulations loosening...more

When Accidents are Deliberate

2015 was among the safest years in history for airline passengers. Globally, the industry experienced 1 crash for every 5 million flights. This is the lowest it has been in 70 years. While the decreased fatality rate is...more

US and EU Iran Sanctions Lifted: How to Proceed in the Aviation Sector?

On 16 January 2016, the United States and the EU lifted certain sanctions against Iran in compliance with the Joint Comprehensive Plan of Action (JCPOA) agreed among Iran, China, France, Germany, the Russian Federation, the...more

The Real Story About Implementation Day (IRB No. 548)

Reading the headlines in this week’s Sunday papers regarding Implementation Day for the Joint Comprehensive Plan of Action (“JCPOA”), better known as the Iranian Nuclear Deal, one could be forgiven for believing that the...more

Trade & Manufacturing - January 2016

Important Decisions Reached in Nairobi at the WTO’s 10th Ministerial Conference - On December 19, the World Trade Organization (WTO) concluded its 10th Ministerial Conference in Nairobi, Kenya. The Ministerial...more

United States Challenges Chinese Tax Exemptions for Aircraft at the WTO

On December 8, the United States launched a dispute (DS501) at the World Trade Organization (WTO) regarding tax exemptions on certain Chinese-produced aircraft. The United States has requested consultations with China, which...more

FAA Updates Guidance on Obstruction Lighting

The Federal Aviation Administration (FAA) released new guidance on obstructions, updating builders and developers on the requirements for marking and lighting any structure that may impact the National Airspace System (NAS),...more

Aircraft finance – key features of the UK's Cape Town ratification

On 1 November 2015, the 2001 Cape Town Convention and its Aircraft Protocol (together Cape Town) became part of UK domestic law. This note brutally summarises certain key aspects of that ratification. For brevity's sake, it...more

FAA, Drones and Registration: It's Coming

The FAA's proposed model aircraft registration system has taken a major step forward. The Aviation Rulemaking Committee (ARC) has delivered its report to the FAA with a wide range of recommendations. When the proposal was...more

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