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Flying with COVID-19: Navigating Potential Passenger Claims Against Airlines

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

D.C. Circuit Affirms Forum Non Conveniens Dismissal of Flight MH370 Claims

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

Montreal Convention Limits of Liability Increased

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

Court Finds MC’s “Fifth Jurisdiction” Requires Physical Presence by Airline in Forum State

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

MDL Court Dismisses Malaysia Airlines Flight MH370 Cases on FNC Grounds

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

Eleventh Circuit Affirms ADA Preemption of Class Action Claims That Restrict Air Ambulance Operator's Prices

• 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

Tenth Circuit Affirms Airline's Enforcement of Terms Regarding Nonrefundable Tickets

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

Seventh Circuit Finds Admiralty Jurisdiction in Asiana Airlines Lawsuits

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

U.S. Supreme Court Holds Airline Entitled to ATSA Immunity in Pilot Defamation Case

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

Recent Rulings Find Preemption of State Law Claims and Enforce Airline Contracts of Carriage

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

U.S. Supreme Court Grants Certiorari on Significant Aviation Issues

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

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