News & Analysis as of

Federal Aviation Act

Aviation Happenings - Winter 2016-2017

Part 1 of 2 of the winter edition of the Aviation Group’s newsletter examines some of the most recent and relevant cases and developments in aviation law, including: - Court Dismisses State Law Negligence Claim Against...more

Courts Continue to Reaffirm Preemptive Effect of Statute Protecting Aircraft Lessors

by Holland & Knight LLP on

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

Third Circuit Limits Federal Aviation Act Preemption for Product Liability Claims

by Morrison & Foerster LLP on

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

FAA Misses Deadline For Drone Regulations

by King & Spalding on

Under the FAA Modernization and Reform Act of 2012, enacted February 14, 2012 (the “Act”), the Federal Aviation Administration (“FAA”) was charged with completing a rulemaking to integrate small unmanned aircraft systems...more

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

by Cozen O'Connor on

This edition of the Cozen O’Connor Aviation Regulatory Update reports on Congress’s six-month extension of FAA’s reauthorization; new U.S. Bilateral Aviation Safety Agreements with the European Union and Canada; the FAA’s...more

California City Becomes First To Ban Drone Flights Over Incidents Interfering With Firefighting

by King & Spalding on

On September 1, 2015, the Poway, California City Council approved an ordinance banning the flight of unmanned aircraft systems (“UAS”), more commonly known as drones, over a significant portion of Poway, California. In...more

Summer is (Almost) Over & Congress is Back!

While summer isn’t officially over until September 22, for most here in the nation’s capital the vacations are nearly completed and it is back to work as Congress returns from the long August recess and Labor Day...more

FAA Approves 1,000th Authorization for Commercial Use of Drones

by Faegre Baker Daniels on

In June, the Federal Aviation Administration (FAA) announced that it expects to finalize its small unmanned aircraft systems (UAS) rule, as required under the FAA Modernization and Reform Act of 2012 (FMRA), by June 2016....more

In Case of Emergency: Handling HazMat Violations

by Benesch on

An unexpected fine for a hazardous materials violation can jolt a company. Even companies with robust systems for managing hazardous materials compliance can be surprised with a penalty due to the actions of a single employee...more

May State and Local Governments Control Low-Flying Drones?

by Morrison & Foerster LLP on

Most of the attention paid to drones has focused on issues of aviation and Federal Aviation Administration (FAA) authority. Yet much of the impact of low-flying drones will fall, not on the national air transportation system,...more

Federal Preemption Defense Running Out of Gas?

Recent decisions by the Ninth Circuit Court of Appeals and the California Supreme Court have thrown a road block in the way of employers relying on a federal statute to preempt certain state wage-and-hour law claims. At issue...more

Can I Fly or Can’t I Fly? Drones in the Wake of the NTSB’s Pirker Opinion

by LeClairRyan on

One of the fastest-evolving areas of aviation is the use of drones. Although “drone” is the popular term, it is not used in the industry, which initially used “unmanned aerial vehicle,” or UAV. Originally Published in...more

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

by Morrison & Foerster LLP on

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

InterConnect FLASH! No. 35 - Focusing on Solutions Rather than the Problem

by Benesch on

As we flip the page on the calendar to close out the year, the title of the recent editorial in the Arkansas Trucking Report, “Good Things Come to Those Who Change,” really hit home. The editorial focused on the idea of...more

Your HazMat Is In The Air: When Things Go Wrong

by Pierce Atwood LLP on

With increased inspections and enforcement, businesses are discovering the hard way that many common materials are “hazardous materials” (“HazMat”) under U.S. DOT rules. ...more

The Ninth Circuit’s “Nuanced” Approach to FAA Preemption Leads to Greater Uncertainty and Invites Artful Pleading

by Morrison & Foerster LLP on

Announcing a “nuanced” approach to Federal Aviation Act of 1958 preemption, the Ninth Circuit has further narrowed the scope of federal preemption in the aviation field. In this client alert, we summarize the new framework...more

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