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Airline Deregulation Act Preemption

Jones Day

FAA Updates Its Stance on Preemption of State and Local Drone Laws

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The Federal Aviation Administration ("FAA") released an updated Fact Sheet clarifying its perspective on the limits of state and local governments to regulate drones. ...more

Holland & Knight LLP

Airline Sued for Greenwashing Over Use of Carbon Offsets

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A consumer filed a class action lawsuit against a commercial airline on May 30, 2023, in the U.S. District Court for the Central District of California alleging three violations of California state law related to unfair and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Issues on the Horizon at the US Supreme Court: 2022 and Beyond

Takeaways - Litigants will ask the Court to rule on an array of matters growing out of the COVID-19 pandemic, beyond challenges to Biden administration’s vaccine policies. The preemption of state employment laws by...more

Robinson+Cole Data Privacy + Security Insider

Biometric Privacy Class Action Against DAL Global Service will Proceed

DAL Global Services LLC , an aviation ground handling service provider, was hit with a proposed biometric privacy class action in April of this year in the U.S. District Court for the Northern District of Illinois. ...more

FordHarrison

U.S. District Court Rules in Favor of Airline Flight Crew Employees on Paid Sick Leave Challenge

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On October 11, 2019, a federal judge for the U.S. District Court for the Western District of Washington ruled that Washington state’s paid sick leave law does not violate the Constitution or federal preemption law, thereby...more

Littler

Friendlier Skies in Rhode Island: Sunday & Holiday Premium Pay Law Held Preempted for Airlines

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The Rhode Island Supreme Court recently held that the Airline Deregulation Act (ADA), a federal law, preempts Rhode Island law requiring premium pay for Sunday and holidays.  This decision may allow employers in other...more

Stinson LLP

The Good, the Bad and the Ugly in Texas Duel Between Lufthansa and Sabre

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The high plains of Texas set the stage for a dramatic standoff between Lufthansa German Airlines and global distribution service (GDS) giant Sabre Travel over Lufthansa's decision to impose an $18 surcharge on every ticket...more

Holland & Knight LLP

Federal Circuit Courts Affirm ADA Preemption of State Law Claims Challenging Air Ambulance Prices

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The U.S. Courts of Appeals for the Eighth and Tenth Circuits recently affirmed district court opinions holding that the Airline Deregulation Act (ADA) preempted state law claims that challenged prices charged by air ambulance...more

Holland & Knight LLP

Eleventh Circuit Affirms ADA Preemption of Class Action Claims That Restrict Air Ambulance Operator's Prices

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• Airline Deregulation Act (ADA) preempts class action claims seeking to enforce Florida statute that limits an air ambulance operator's prices by prohibiting balance billing of unpaid invoices. • McCarran-Ferguson Act...more

Polsinelli

Airlines Association Files Another Lawsuit Challenging Massachusetts Paid Sick Leave Law

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On April 4, 2018, Airlines for America, a trade association and lobbyist organization for U.S. airlines, filed a lawsuit in federal court in Massachusetts against the Massachusetts Attorney General challenging the state’s...more

Holland & Knight LLP

Tenth Circuit Affirms Airline's Enforcement of Terms Regarding Nonrefundable Tickets

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In Martin v. United Airlines, Inc., __ Fed. App'x __, 2018 WL 992289 (10th Cir. Feb. 21, 2018), Oklahoma residents brought a putative class action asserting various breach of contract theories against the airline arising from...more

Maynard Nexsen

Eighth Circuit Confirms Split in Airline Deregulation Act Pre-emption

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The U.S. Court of Appeals for the Eighth Circuit has set up a circuit split for the U.S. Supreme Court in Watson v. Air Methods Corp., 834 F.3d 891 (8th Cir. 2016). In Watson, the Eight Circuit affirmed its precedent...more

Morrison & Foerster LLP - Class Dismissed

California Court of Appeal Finds AG’s Privacy Suit Over Fly Delta Mobile App Is Preempted

In a recent ruling, California’s Court of Appeal unanimously affirmed the dismissal of California’s complaint against Delta Air Lines, Inc. (“Delta”), which alleged that the company’s Fly Delta mobile application violated...more

Benesch

Now You See Them—Now You Don’t: The Magic of Using FAAAA Preemption to Make a Plaintiff’s State Law Claims Disappear

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Magic makes the impossible possible. Federal preemption aims at a similarly lofty goal. After all, the power to preempt a plaintiff’s state law claims is the power to transform a plaintiff’s entire case in a radical and...more

FordHarrison

Airline Industry Alert: Court Finds Airline Deregulation Act Does Not Preempt Miami-Dade County's Living Wage Ordinance

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On September 21, 2015, the U.S. Court of Appeals for the Eleventh Circuit held that the Airline Deregulation Act (ADA) does not preempt Miami-Dade County's Living Wage Ordinance (LWO). Amerijet Int'l, Inc. v. Miami-Dade...more

Holland & Knight LLP

Recent Federal Court Rulings Favor Airlines in Frequent-Flyer Cases

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In April 2014, the U.S. Supreme Court held that the Airline Deregulation Act (ADA) preempted a frequent flyer program member's common law claim for breach of the implied covenant of good faith and fair dealing because the...more

Foley & Lardner LLP

Seventh Circuit Offers No Relief for United Airlines' "Million Milers"

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For years United Airlines has asked its customers to “Fly the Friendly Skies,” but a dispute with one of its frequent flyers turned decidedly unfriendly and became the subject of a recent case before the Seventh Circuit in...more

Holland & Knight LLP

U.S. Supreme Court Unanimously Reverses Ninth Circuit in Northwest, Inc. v. Ginsberg, Holding ADA Preempts State-Imposed Fair...

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The U.S. Supreme Court unanimously holds that the Airline Deregulation Act (ADA) preempts a state-law claim for breach of the implied covenant of good faith and fair dealing where it seeks to enlarge the parties' voluntary...more

Holland & Knight LLP

First Circuit Affirms Dismissal of Parental Child Abduction Case on ADA Preemption Grounds

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In a significant decision for the airline industry, the U.S. Court of Appeals for the First Circuit affirmed the district court's summary judgment dismissal of common law tort claims against an airline arising out of a...more

Holland & Knight LLP

In Latest Massachusetts Skycap Case, First Circuit Holds That ADA Preempts Common Law Claims

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Resolving an issue of first impression, the U.S. Court of Appeals for the First Circuit in Brown v. United Airlines, Inc. affirmed the district court's holding that common law claims, like statutory claims, are subject to...more

Holland & Knight LLP

U.S. Supreme Court Grants Certiorari on Significant Aviation Issues

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This spring, the U.S. Supreme Court granted certiorari to review two decisions that significantly affect the aviation industry, namely airline immunity under the Aviation and Transportation Security Act (ATSA) and preemption...more

Pillsbury Winthrop Shaw Pittman LLP

NY State Appellate Court Sides with Airlines, Dismisses Tarmac Delay-Related Claims

The Second Department in Biscone v. JetBlue Airways Corporation recently dismissed airline passengers’ tort claims against an airline based on the failure to provide food, water and facilities during an 11-hour tarmac delay,...more

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