News & Analysis as of

Airlines Putative Class Actions

Venable LLP

Text, Context, and Canons: Inside a Unanimous Supreme Court Decision

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The end of the Supreme Court's term usually brings divided decisions. But in Southwest Airlines Co. v. Saxon, the whole Court agreed on both the result and the reasoning in a trim 11 pages....more

BakerHostetler

Supreme Court Resolves Whether an Airline Ramp Supervisor Falls Within the Transportation Worker Exemption of the FAA

BakerHostetler on

For years courts have been struggling to determine the proper application of the Section 1 exemption of the Federal Arbitration Act (FAA). See 9 U.S.C. § 1. Now the U.S. Supreme Court has brought some clarity to the analysis....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court of the United States Issues Important Decision on the Federal Arbitration Act

On June 6, 2022, the Supreme Court of the United States ruled that airline cargo loaders are exempt from the Federal Arbitration Act (FAA) under the statute’s “transportation worker” exemption. In Southwest Airlines Co. v....more

Pillsbury Winthrop Shaw Pittman LLP

Court Dismisses COVID-19 Flight Cancellation and Refund Class Action Lawsuit Brought Against Norwegian Air

With airlines facing over 30 class actions across the country seeking refunds for COVID-19 related flight cancellations, Pillsbury client Norwegian Air is the first to obtain a dismissal with prejudice. Boilerplate...more

Cozen O'Connor

DOT Issues New Guidance Regarding Airlines’ Obligation to Provide Passenger Refunds

Cozen O'Connor on

As the airline industry grapples with the fallout from COVID-19, one issue is keeping airlines, regulators, legislators, and courts busy: passenger refunds....more

Seyfarth Shaw LLP

Wisconsin Federal Court Allows Airline Workers’ Uniform Class Claims To Take Flight

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. District Court for the Western District of Wisconsin recently cast doubt on employers’ ability to strike the class allegations in a complaint early in litigation. ...more

A&O Shearman

District Of Nevada Grants In Part And Denies In Part Motion To Dismiss Exchange Act Claims Against Airline Company And Its...

A&O Shearman on

On September 9, 2019, Judge Andrew P. Gordon of the United States District Court for the District of Nevada partially dismissed a putative securities class action brought against an airline company and certain of its current...more

Holland & Knight LLP

Federal Circuit Courts Affirm ADA Preemption of State Law Claims Challenging Air Ambulance Prices

Holland & Knight LLP on

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

Holland & Knight LLP

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

Holland & Knight LLP on

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

JAMS

Inside ADR - November 2017

JAMS on

Dispute Deemed Minor under the Railway Labor Act, Sent To Arbitration - Flight Options, LLC and Flexjet LLC v. International Brotherhood of Teamsters 2017 WL 4583014 United States Court of Appeals, Sixth Circuit The...more

Bennett Jones LLP

Is This the End for Global Classes? Foreign Class Claimants and the Real and Substantial Connection Test

Bennett Jones LLP on

On August 26, 2015, Justice Leitch held that the Ontario court does not have jurisdiction over foreign class members in Airia Brands Inc v Air Canada. Counsel on both sides of the class action bar should take note. For...more

Carlton Fields

Court Denies Motion To Compel Arbitration, Finding Terms Of Agreement To Arbitrate Inadequately Disclosed

Carlton Fields on

A New York district court denied defendant Gogo LLC and Gogo Inc. (collectively “Gogo”) motions to transfer venue, compel arbitration, and dismiss for lack of standing in a lawsuit relating to internet services. ...more

Holland & Knight LLP

Seventh Circuit Affirms Dismissal of EU 261 Claims - Direct Claims Under EU 261 Are Only Actionable in EU Member States

Holland & Knight LLP on

The ruling by the U.S. Court of Appeals for the Seventh Circuit in Volodarskiy v. Delta Airlines, Inc. follows numerous District Court opinions holding that EU 261 does not provide a right of action enforceable outside the EU...more

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