Aircraft

News & Analysis as of

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

Layover in Tehran: United States Authorizes Carriers to Land Civil Aircraft in Iran

On July 29, 2016, the U.S. Treasury Office of Foreign Assets Control (OFAC) cleared the runway for non-U.S. operators of civil aircraft to send flights into Iran. New “General License J” authorizes many Boeing, Airbus, and...more

EPA Determines that Aircraft Emissions Contribute to Air Pollution and Climate Change

Synopsis: EPA’s recent finding paves the way for the Agency to develop standards regulating greenhouse gas emissions from aircraft. Businesses in the commercial jet manufacturing and aviation transportation industry should...more

California Environmental Law & Policy Update - July 2016 #5

Environmental and Policy Focus - State Supreme Court rules in state’s favor on Delta property rights - Sacramento Bee - Jul 21 - The California Supreme Court ruled last Thursday that the state has the right to...more

U.S. EPA Finds Greenhouse Gas Emissions from Aircraft Endanger Public Health—a First Step in Adoption of New ICAO Standards

The International Civil Aviation Organization (ICAO) released a draft rule in February of this year proposing a new standard for reducing GHG emissions in new and in-production commercial aircraft. In the wake of the proposed...more

Six Months After Implementation of Iran Nuclear Agreement: Top 10 Observations

Various factors continue to shape and limit trade and investment between Iran and the rest of the world. Six months have passed since the implementation of the nuclear agreement with Iran, officially known as the Joint...more

Could the Flying Car Finally Take Off?

Autonomous vehicles have been hailed as the solution to overcrowded roads and their impact on America’s aging infrastructure. However, recent accidents involving automated vehicles have some wondering if having less cars on...more

DOT Bans Transport of Electronic Cigarettes on Commercial Flights

The U.S. Department of Transportation (DOT) announced a final rule that bans the use and transport of electronic cigarettes on commercial flights. The ban applies to all U.S. and foreign airline carriers with scheduled...more

Collateral 101: Perfecting Security Interests in Common and Uncommon Collateral

As most people (at least in the banking world) know, a security interest is the granting of an interest in property to secure obligations, usually loan debt. If the borrower defaults under its obligations, the bank can...more

Passengers Hold Airlines Accountable For In-Flight Injuries

Injuries on aircraft are a growing problem. The FAA estimates that more than 4,500 people a year are injured from falling luggage alone, and many more suffer because of airline negligence or malfunctioning equipment....more

Drones: FAA Issues Long-Awaited Final Rule for Small Unmanned Aircraft Systems

On Tuesday, June 21, the Federal Aviation Administration issued Part 107, the Final Rule for Operation and Certification of Small Unmanned Aircraft Systems (UAS). The Rule comes sixteen months after the FAA issued its Notice...more

Skies Open for Business: FAA Makes Way for Commercial Drones

The new rules will greatly expand and encourage commercial drone use but come with some limitations. After much anticipation, the Federal Aviation Administration (FAA) revealed sweeping new rules on June 21 to facilitate...more

The Revised Provisions on the Administration of Business Licensing for General Aviation

The Ministry of Transportation issued the revised Provisions on the Administration of Business Licensing for General Aviation (Order of the Ministry of Transportation [2016] No. 31)(“Order No. 31”) on April 7, 2016. Order...more

Illinois Supreme Court Finds Special Exemption Unconstitutional

Last Thursday the Illinois Supreme Court struck down a special property tax exemption for a single aeronautical services company operating out of the Quad City International Airport. As noted in the July 2015 FR Alert...more

New sanctions impose further restrictions on North Korea

The United Nations, the European Union and United States recently expanded sanctions on North Korea, issuing new restrictions which impact the mineral, energy, shipping, banking, finance, and aviation industries. United...more

Hidden Defects Linked to Small Plane Crashes

Over the last few decades, close to 50,000 people have died in helicopter and small plane crashes in the U.S. This is almost ten times the number of people killed in major airline crashes. In addition, thousands of people...more

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

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

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