On March 16, 2020, a U.S. carrier was held before takeoff at JFK International Airport in New York after a passenger alerted flight attendants that they were exposed to someone who had tested positive for coronavirus. 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 Montreal Convention governs the rights and liabilities of parties for claims arising during international carriage between State Parties. Specifically, Articles 21 and 22 of the Convention set forth limits of liability...more
In Erwin-Simpson v. AirAsia Berhad, __ F. Supp. 3d __, No. 18-cv-00083 (CRC), 2019 WL 1317337 (D.D.C. Mar. 22, 2019), the court dismissed personal injury claims by a passenger and her husband arising from spilled boiling...more
5/1/2019
/ Airlines ,
Aviation Industry ,
Bodily Injury ,
Dismissals ,
Forum State ,
General Jurisdiction ,
Montreal Convention ,
Personal Jurisdiction ,
Physical Presence Test ,
Subject Matter Jurisdiction ,
Travelers ,
Websites
On Nov. 21, 2018, multidistrict litigation (MDL) Judge Ketanji Brown Jackson dismissed all pending wrongful death cases arising from the disappearance of Flight MH370 on forum non conveniens (FNC) grounds. The court concluded...more
12/3/2018
/ Air Carriers ,
Airlines ,
Aviation Industry ,
Dismissals ,
Forum Non Conveniens ,
ICAO ,
Malaysia ,
Manufacturers ,
Montreal Convention ,
Multidistrict Litigation ,
Res Ipsa Loquitur ,
Transportation Industry ,
Wrongful Death
• Airline Deregulation Act (ADA) preempts class action claims seeking to enforce Florida statute that limits an air ambulance operator's prices by prohibiting balance billing of unpaid invoices.
• McCarran-Ferguson Act...more
5/25/2018
/ Airline Deregulation Act ,
Airlines ,
Ambulance Providers ,
Aviation Industry ,
Billing ,
Class Action ,
Dismissals ,
Insurance Industry ,
McCarran-Ferguson Act ,
Preemption ,
Pricing ,
Summary Judgment
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
In January 2017, Holland & Knight Transportation & Infrastructure lawyers and senior advisors prepared 20 posts for the 20 days leading to President Donald Trump's inauguration regarding what to expect from the Trump...more
2/5/2018
/ Aviation Industry ,
Browning-Ferris Industries of California Inc. ,
Coal Industry ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
Enforcement Actions ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
FMCSA ,
Independent Contractors ,
Infrastructure ,
Joint Employers ,
Logging ,
Mexico ,
Mining ,
Motor Carriers ,
NAFTA ,
NHTSA ,
NLRA ,
NLRB ,
Proposed Rules ,
Public Private Partnerships (P3s) ,
Railroads ,
TIFIA ,
Transportation Industry ,
Trucking Industry ,
Trump Administration ,
Wage and Hour ,
WIFIA
In litigation arising from the July 2013 accident of Asiana Flight 214 at the San Francisco International Airport, the U.S. Court of Appeals for the Seventh Circuit reversed the District Court's remand decision, holding that...more
7/10/2015
/ Airlines ,
Airplane Accidents ,
Airports ,
Asiana ,
Aviation Industry ,
Federal Admiralty Law ,
Federal Aviation Administration (FAA) ,
Jurisdiction ,
Navigable Waters ,
NTSB ,
San Francisco ,
SCOTUS ,
SFO
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
1/30/2014
/ Air Wisconsin v. Hoeper ,
Airline Employees ,
Airlines ,
ATSA ,
Aviation Industry ,
First Amendment ,
Immunity ,
National Security ,
SCOTUS ,
Sonia Sotomayor ,
Transportation Security Administration
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
This spring, the U.S. Supreme Court granted certiorari to review two decisions that significantly affect the aviation industry, namely airline immunity under the Aviation and Transportation Security Act (ATSA) and preemption...more