"It cannot be seriously disputed that the COVID-19 pandemic is a natural disaster." This seemingly straightforward conclusion has only been reached in a small number of reported court decisions since the start of the...more
The U.S. Court of Appeals for the District of Columbia Circuit recently affirmed the forum non conveniens dismissal of wrongful death and product liability claims brought by personal representatives and beneficiaries of...more
1/28/2020
/ Abuse of Discretion ,
Airlines ,
Airplane Accidents ,
Appeals ,
Aviation Industry ,
Boeing ,
Dismissals ,
Evidence ,
Foreign Nationals ,
Forum Non Conveniens ,
Jurisdiction ,
Malaysia ,
Multidistrict Litigation ,
Product Defects ,
Public Interest ,
Sovereign Immunity ,
Transportation Industry ,
Wrongful Death
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
10/15/2018
/ Airline Deregulation Act ,
Airlines ,
Ambulance Providers ,
Appeals ,
Breach of Implied Contract ,
Consumer Protection Laws ,
Damages ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Injunctive Relief ,
Insurance Contracts ,
Preemption ,
Pricing ,
Putative Class Actions ,
State Law Claims ,
Unjust Enrichment
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
3/20/2018
/ Airline Deregulation Act ,
Airlines ,
Airports ,
Appeals ,
Aviation Industry ,
Breach of Contract ,
Contract Terms ,
Cost Recovery ,
Covenant of Good Faith and Fair Dealing ,
Failure To State A Claim ,
Preemption ,
Putative Class Actions ,
Refunds ,
Ticket Pricing ,
Travelers ,
United Airlines
On Oct. 6, 2017, the U.S. Court of Appeals for the Sixth Circuit denied the airline's petition for rehearing and rehearing en banc in Doe v. Etihad Airways, P.J.S.C. As discussed in our previous post on this case, the panel...more
Defendant-appellee Etihad Airways recently petitioned the U.S. Court of Appeals for the Sixth Circuit for panel rehearing and rehearing en banc of Doe v. Etihad Airways, P.J.S.C., a decision by a panel of that court that...more