News & Analysis as of

US Airways

Sabre Appeals to the Second Circuit After $15M Jury Verdict for US Airways

Last week, Sabre filed its principal brief on appeal to the Second Circuit Court of Appeals, seeking to overturn the jury’s verdict of $15 million and find for Sabre or, in the alternative, grant a new trial in US Airways...more

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

Airline Industry Alert: California Court Upholds RLA Exemption to State Wage and Hour Law

by FordHarrison on

In a complete reversal of its earlier decision, a California federal judge held that employees covered by a collective bargaining agreement (CBA) entered into in accordance with the provisions of the Railway Labor Act (RLA)...more

OTA & Travel Distribution Update – Dec. 22nd, 2016

by Garvey Schubert Barer on

Our weekly client OTA & Travel Distribution Update for the short week ending December 22, 2016 is below. This week’s update is brief one....more

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

by Cozen O'Connor on

This edition of the Cozen O’Connor Aviation Regulatory Update includes an update on the Department of Justice’s initiation of an antitrust investigation of alleged pricing and capacity collusion among the major U.S. airlines,...more

Settlement Of The US Airways/American Airlines Merger Litigation Highlights Changing Antitrust Landscape

On November 12, 2013, US Airways, American Airlines, the U.S. Department of Justice (“DOJ”), and several state Attorneys General announced an agreement to settle the antitrust litigation challenging the merger of the two...more

Could an Idaho Healthcare Merger Impact Other Mergers, Including the American/US Airways Merger?

by BakerHostetler on

With the trial over, post-trial briefs due November 1, and closing arguments scheduled for November 7, a lot more is at stake than whether St. Luke’s Health System (“St. Luke’s”) can keep Saltzer Medical Group (“Saltzer”) – a...more

US Airways and American Airlines Have a Potential Friend in FTC Commissioner Wright

by BakerHostetler on

In their answer to the government’s complaint challenging their proposed merger, US Airways and American Airlines (the “Airlines”) tout the “immense benefits to the traveling public” that the combined “US Airways and American...more

American Airlines & US Airways Merger – Opposite positions taken by US and EU competition authorities

by Reed Smith on

Whereas the European Commission has cleared under the EU Merger Regulations the proposed merger between US Airways Group and AMR Corporation, including its main subsidiary American Airlines, on 5 August 2013, the U.S....more

Bill on Bankruptcy: US Airways Need a Merger More than AMR

by Bloomberg Law on

Aug. 15 (Bloomberg) -- The strength of the U.S. Justice Department's antitrust suit to block the merger between AMR Corp. and US Airways Group Inc. is the first topic on the video with Bloomberg Law's Lee Pacchia and...more

Group Health Plan Can Enforce Reimbursement Rights Against Trustee

by Winstead PC on

On the heels of the United States Supreme Court’s recent holding in U.S. Airways v. McCutchen, where the Court held that a group health plan’s reimbursement rights are not automatically subject to equitable defenses, it...more

ERISA Litigation Alert: Check Your Plan Subrogation and Reimbursement Language to Eliminate “Contractual Gaps”

by Davis Wright Tremaine LLP on

In U.S. Airways v. McCutchen, the U.S. Supreme Court upheld the ability of U.S. Airways’ health plan to recover medical expenses that it previously paid to the injured party from a third party settlement, but remanded the...more

Monthly Benefits Update - April 2013

by Franczek Radelet P.C. on

Health Care Reform: Guidance on Required Future Modifications to SBC, Other Issues - The Internal Revenue Service (IRS), Department of Labor (DOL), and Department of Health and Human Services (HHS) issued new guidance...more

Supreme Court Clarifies Subrogation Rights, Emphasizes Need for Precise Plan Language

Plan sponsors, particularly those that sponsor self-funded health plans, should review plan document provisions in light of the recent decision of the Supreme Court of the United States in US Airways, Inc. v. McCutchen. In...more

ERISA Legal News - 1st Quarter, 2013 • Volume 4, Number 1

by Dickinson Wright on

In This Issue: - Supreme Court Update: Where Plan Reimbursement Or Recovery Terms Are Ambiguous Or Silent,Equitable Doctrines May Fill The Gaps: US Airways, Inc. v. McCutchen, 569 U.S. ___ (2013). In an...more

Supreme Court “Dooms” Equitable Defenses to Plan’s Reimbursement Provisions

by Winstead PC on

In a prior blog, I discussed the importance of including unambiguous reimbursement rights in health plan documents in order to manage healthcare costs. The enforceability of such rights was confirmed by the United States...more

High Court Rules Equitable Defenses Don’t Override ERISA Plan Terms

On April 16, 2013, the U.S. Supreme Court issued its decision in US Airways, Inc. v. McCutchen (No. 11–1285), deciding the issue of whether equitable defenses, such as the principle of unjust enrichment, can override the...more

U.S. Supreme Court: Equity Cannot Trump ERISA Plan Terms in ERISA Reimbursement Case

The U.S. Supreme Court yesterday strengthened the ability of employer health insurance plans to recoup payments for medical expenses paid for an injured plan participant who later sues to recover damages from a third...more

The U.S. Supreme Court Upholds Plan Sponsor’s Recovery Of Participant Damages Award

On April 16, 2013, the U.S. Supreme Court issued its opinion in U.S. Airways, Inc. v. McCutchen finding in favor of U.S. Airways in its quest to recover $66,866 in medical expenses incurred by its employee as a result of a...more

Infrastructure Alert - April 17, 2013

by Cozen O'Connor on

Last week, President Obama released his FY2014 budget, outlining several proposals to fund new infrastructure programs. The budget proposes $40 billion for “Fix it First” projects to repair existing infrastructure, as well...more

Attorneys' Fees Reduce ERISA Plan's Recovery From Common Fund

by Hinshaw & Culbertson LLP on

The United States Supreme Court ruled today that absent an express provision to the contrary, the amount an ERISA plan can recover from a plan participant’s lawsuit against a third-party tortfeasor must be reduced...more

U.S. Supreme Court Rules That Plan Terms Trump Equitable Defenses

Today, the U.S. Supreme Court issued its ruling in U.S. Airways, Inc. v. McCutchen in which the Court unanimously ruled that a clearly drafted reimbursement clause will trump all equitable defenses....more

Supreme Court Forbids Rewrite Of ERISA Plan

by Fisher Phillips on

The supremacy of a written ERISA -governed plan still reigns as the U.S. Supreme Court reversed the ruling of an appellate court which had held that a court in equity can ignore unambiguous subrogation reimbursement language,...more

Bill on Bankruptcy: Sigmund Freud, Marx Brothers, Bernie Madoff

by Bloomberg Law on

March 27 (Bloomberg Law) -- There was no settlement afoot when U.S. District Judge Jed Rakoff put off a hearing on an effort by the trustee for Bernard L. Madoff Investment Securities LLC to block a $410 million settlement...more

Bill on Bankruptcy: How Purchasers of AMR Stock Made a Killing

by Bloomberg Law on

March 13 (Bloomberg Law) -- Someone who bought stock in American Airlines last year already made a killing. Stock that could have been bought in November for less than 40 cents a share is now trading above $4, for...more

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