Airlines

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NMB Publishes New Strategic Plan

Executive Summary: The National Mediation Board (NMB) has published an updated Strategic Plan. This follows a December 2013 report from the Government Accountability Office (GAO) faulting the previous 2012 Plan. Of particular...more

Ventress III Provides Another Tool for Airlines: Ninth Circuit Says Federal Aviation Act Preempts Pilot’s State Law Employment...

On March 28, 2014, the Ninth Circuit strengthened its Federal Aviation Act (the “Act”) preemption jurisprudence, holding that state law claims for retaliation and constructive termination are preempted under the Act when they...more

Will a Red Notice Subject be Caught When Traveling? Malaysia Airlines Flight 370 Illustrates Why the Answer is Elusive

A good number of Red Notice subjects who seek to remove their notices from INTERPOL's files are legitimate businessmen and women who need to travel to maintain their livelihoods. Many of them find themselves forced to...more

The Cape Town Convention: An Evolving Process (with a Side Note on Non-Citizen Trusts)

Introduction - This is the second article for the International Comparative Legal Guide series. Our first article covered the Convention on International Interests in Mobile Equipment (the “Convention”) and the...more

U.S. Supreme Court Recognizes Airline Immunity for TSA Reports of Suspicious Behavior

In Air Wisconsin Airlines Corp. v. Hoeper (Jan. 27, 2014), the U.S. Supreme Court concluded that airlines are entitled to civil immunity for reporting suspicious behavior to the TSA, provided their reports are not “materially...more

Developments in EU Transport Law - Febuary 2014

Air - European Commission adopts new guidelines for state aid to airports and airlines - The European Commission adopted on 20 February 2014 new guidelines on how Member States can support airports and airlines in line...more

Airline Management Newsletter - February 2014

Ninth Circuit Upholds Strike Injunction Against Non-Union Employees - Executive Summary: The Ninth Circuit recently affirmed the decision of a federal trial court, which granted a strike injunction against...more

"You Like 'To-May-Toe,' I Like 'To-Mah-Toe'" – Distinctions Without a Material Difference: Supreme Court Reverses Lower Court...

The events of September 11 were by no means the first examples of terrorism involving aviation, but they unified the U.S., if not the world, in its effort to make air travel safer. It was in the wake of 9/11 that Congress...more

U.S. Supreme Court Holds Airline Entitled to ATSA Immunity in Pilot Defamation Case

In Air Wisconsin Airlines Corp. v. Hoeper, the U.S. Supreme Court has ruled that immunity may not be denied under the Aviation and Transportation Security Act (ATSA) to substantially true statements. According to the Court,...more

Developments in EU Transport Law - January 2014

Air - Amendments to the European Commission’s proposal on revised air passenger rights - On 17 December 2013, the European Parliament’s Transport Committee approved amendments to the European Commission’s...more

American Airlines Merger: Still Up in the Air

We talked earlier about action taken by the Justice Department to halt the proposed merger of American Airlines and U.S. Airways, which would form the largest airline in the world. Since that time, this interesting case has...more

The Ambit Of EC Regulation 261/2004: Missed Flight Connections Outside The European Union

DLA Piper has been instructed to act on a number of cases for a non-EU carrier that test the scope of EC Regulation 261/2004 ("Regulation") in respect of missed flight connections outside of the EU. The first of these cases...more

Developments in EU Transport Law - December 2013

Air - European Commission updates the European safety list of banned airlines - The European Commission has updated for the 22nd time the European list of air lines subject to an operating ban or operational restrictions...more

Snakes On A Plane: Surprising Reasons Flying Is Dangerous

Flying is dangerous. It’s a fact that Hollywood directors are all to happy to remind us about as they fill movie screens with fiery crashes, midair explosions and some pretty creative catastrophes like, say, an entire...more

Airline Employees Need To Report Any Injuries Immediately

It is not an uncommon experience for an injury that seems minor to gradually worsen over the course of a couple of hours or even a few days. However, in the case of a San Francisco pilot or flight attendant, this fairly...more

When An Airline Employee Is Injured By A Co-Worker

On occasion, as with any large industry, an United Airlines employee is injured by a co-worker during work. One incident, reported by New Jersey’s Star-Ledger on January 20, 2013, resulted in serious injury to an airline...more

Commercial Negotiations For Airport Services In The UK Spark A Reconsideration Of Airport Market Power: How Does Australia...

INTRODUCTION - In our August article on recent developments in airport regulation, we considered the United Kingdom (UK) Civil Aviation Authority’s (CAA) path to economic licencing of airports. To recap, the path is...more

High Flying Merger Meets Justice Department Impasse

As business law attorneys, we help our clients acquire, consolidate and merge their commercial interests. Sometimes attractive merger strategies run afoul of regulatory strategies, as in the recent matter of the proposed...more

Recent Rulings Find Preemption of State Law Claims and Enforce Airline Contracts of Carriage

In the past few months, courts have issued several decisions favorable to the airlines finding preemption of various state law claims and rejecting breach of contract claims. The decisions address a variety of passenger...more

Training is expendable, until it’s not – PART I

September is the season for conferences, getting on the plane to get to them, listening to the flight attendant as they explain how the seatbelt works, what to do in the case of a loss of cabin pressure, and where the...more

Advertising Law -- Sep 18, 2013

E-Cigarettes Increase Presence With Traditional Tobacco Advertising – Will Regulation Follow? - E-cigarettes are following in the footsteps of their nonelectronic predecessors by utilizing advertising means no longer...more

Airline Industry Legal Alert: Occupational Safety And Health Standards For Aircraft Cabin Crewmembers

On August 21, 2013, the Federal Aviation Administration (FAA) issued a Policy Statement describing the extent to which it has ceded to the Occupational Health and Safety Administration (OSHA) its prior exclusive authority to...more

How the Montreal Convention Determines Jurisdiction and Payouts for Asiana Flight 214 Lawsuits

Lawsuits and damages for victims of international flight disasters, such as the recent Asiana Flight 214 crash, whose investigation and aftermath is still unfolding, are governed by the 1999 Montreal Convention. The...more

Fingers Point to Different Defendants in Asiana Airlines Plane Crash

David McMahon, who represents insurers in litigation resulting from natural disasters and product liability lawsuits against the airline and cruise industry, was interviewed for an Aug. 6, 2013, Claims Journal article,...more

Competition and Regulation Update: Finance Lessons From The Regulation Of UK Airports - A Relevant Case Study For Australian...

INTRODUCTION - Since 2002 when price cap regulation at Australian capital city airports was abolished and replaced with lighthanded price monitoring by the Australian Competition and Consumer Commission (ACCC),...more

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