Airlines

News & Analysis as of

FAA to Begin Integrating Small Unmanned Aircraft Systems into the National Airspace

The FAA’s draft rule opens up the possibility of using so-called small “commercial drones” in the National Airspace, thus encouraging the emerging UAS industry. Introduction - Since 2007, Congress has been calling...more

Small UAS comment countdown begins: FAA publishes notice of proposed rulemaking

On February 23, the Federal Aviation Administration’s notice of proposed rulemaking (NPRM) for small unmanned aircraft systems (sUAS) operation was published in the Federal Register. The proposed rule, titled "Operation and...more

Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions - February 2015

This edition of the Cozen O’Connor Aviation Regulatory Update includes an overview of the FAA’s long-awaited proposed rule on small unmanned aircraft commercial operations, the White House’s statement on privacy issues...more

Bridging the Gap to Cuba

Last December, President Barack Obama announced a series of changes to the United States’ policy toward Cuba. The most significant changes, from a foreign policy perspective, included restoring diplomatic relations with Cuba...more

EU General Court Upholds Finding of Irish Airline Tax as State Aid but Annuls Recovery Decision

In the parallel judgments T-473/12 and T-500/12 handed down on 5th February 2015, the EU General Court upheld the European’s Commission’s finding that the Irish airline tax constituted State aid. The Court confirmed that the...more

Australian Competition Law Update For The Aviation Industry

Airlines operating in Australia currently face an unprecedented degree of legal and regulatory change. This shifting landscape presents both opportunities and risks. The below table summaries key competition cases in the...more

Canada’s Proposed Secure Air Travel Act

This is the second in a series of posts on Bill C-51, known as Canada’s Anti-terrorism Act, 2015. In my last post, I examined Part 1 of the Act, which would, if passed, enact the Security of Canada Information Sharing Act....more

Eighth Circuit Applies Compulsory Insurance Doctrine to Save Northwest: What Will Save You?

The Eighth Circuit Court of Appeals recently handed down a decision in Northwest Airlines, Inc. v. Professional Aircraft Line Serv. that, although unique in its specific facts and holding, highlights the problems that may...more

Transportation Research Bureau Publishes New Report on Airports and Species

The Transportation Research Bureau (“TRB”), a division of the National Research Council within the National Academies, has released a report entitled Innovative Airport Responses to Threatened and Endangered Species.  The...more

Lessons Learned from the Airline Industry About Responding to a Crisis

In the hit television show Scandal, Kerry Washington’s character, Olivia Pope, is a crisis manager, who, with her team of associates, is called upon to fix problems and resolve crises. If it were only that easy. Every day...more

Supreme Court Continues to Advance Broad View of Whistleblower Protections

Various whistleblower laws protect employees who "lawfully" disclose confidential information in good faith to bring to light illicit or illegal activity. Generally, therefore, employees do not receive whistleblower...more

Supreme Court Delineates Federal Whistleblower Protections in TSA Disclosure Case

On January 21, 2015, the Supreme Court of the United States decided whether a federal air marshal, who publicly disclosed that the Transportation Security Administration (TSA) had decided to cut costs by removing air marshals...more

Legal Minute: Cybersecurity Reporting Requirements for Government Contractors [Video]

Government Contracts Partner Mary Beth Bosco explains the new cyber breach reporting requirements for defense contractors based on the recent passage of the National Defense Authorization Act for Fiscal Year 2015. The NDAA...more

Foreign Airlines Move to Dismiss Rate-Fixing Litigation

Last Friday, foreign cargo carriers filed motions to dismiss an air freight price-fixing suit brought by Schenker AG, the logistics division of Germany’s national railway company, Deutsche Bahn, in the Eastern District of New...more

Court Approves Overtime Class Settlement After Initially Rejecting It

We wrote last May about the court’s rejection of a $1.75 million settlement in Cruz v. Sky Chefs, Inc., Case No. C-12-02705 DMR (N.D. Cal. 2014) [May 27, 2014]. The court’s decision related to the settlement of...more

Recent Federal Court Rulings Favor Airlines in Frequent-Flyer Cases

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

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

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

The Darwin Awards, Nepotism and Compliance

I am a podcast aficionado. One of my favorites is Slate’s Hang Up and Listen, which is a weekly discussion of sports events and issues. One of its segments details each participant relating a whimsical event from the previous...more

Customs Is Again Getting Overly Creative

In late October 2014, Customs and Border Protection (CBP) issued a guidance message in which it laid down new rules regarding post-importation/post-entry claims for duty preference and duty reduction programs – see CSMS re...more

Magistrate Recommends Dismissal Based Upon Unpatentable Subject Matter

The disputed technology relates to applications used particularly in the airline industry. Defendants allege the patents-in-suit are invalid for unpatentable subject matter under § 101. The court finds that the...more

Trick or treat? The Supreme Court's refusal of permission to appeal in Huzar and Dawson (UK)

DLA Piper comments on the recent decisions of the Supreme Court to deny permission to appeal in the cases of Huzar v Jet2.com Limited and Dawson v Thomson Airways Limited in the latest issue of Travel Law...more

The End of an Era and the End of Facilitation Payments?

Two famous New Yorkers died this week. Both spoke to not only to the glamour of the Big Apple, but the city’s once undisputed crown as the cultural mecca of the US. They were Allie Sherman and Bess Myerson....more

Disclosure Of Confidential Version Of European Commission Decision In Follow-On Claim

In relation to a follow-on private damages action arising from an air freight cartel, the High Court recognised that when a European Commission cartel decision is disclosed, the ‘Pergan’ principle gives certain protections to...more

Four Takeaways from the Ongoing Air Cargo Price-Fixing Litigation

Nippon Cargo Airlines Co. Ltd last week agreed to pay $36.55 million to settle claims that it conspired with other airlines to fix rates for air cargo services in the early 2000s. Two dozen airlines have settled in the...more

Others May Seek Swap Reporting Delay Like Southwest

Reuters has an interesting article about a no-action letter the CFTC issued to Southwest Airlines to permit a 15 calendar day delay in reporting oil derivative transactions. Southwest apparently convinced the CFTC that rapid...more

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