News & Analysis as of

Breach of Contract Airlines

Carlton Fields

Ninth Circuit Reverses Denial of Motion to Compel Arbitration

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The Ninth Circuit Court of Appeals recently reversed a district court’s decision to deny a motion to compel arbitration in a case involving a request to refund the cost of airline tickets after a cancellation....more

BakerHostetler

AD-ttorneys@law - October 2022

BakerHostetler on

Whether you’re a hardened business air warrior or someone who takes the occasional vacation flight, you’re conscientious. You understand that air travel makes a heavy contribution to CO2 emissions, and you’re wondering what...more

Proskauer - New Media & Technology

Southwest Airlines Wins Injunction Barring Travel Site from Scraping

On September 30, 2021, a Texas district court granted Southwest Airline Co.’s (“Southwest”) request for a preliminary injunction against online travel site Kiwi.com, Inc. (“Kiwi”), barring Kiwi from, among other things,...more

Foster Garvey PC

Online Travel Update: Tripadvisor launches beta application to help travelers avoid crowds at public places; Southwest pursues...

Foster Garvey PC on

This week’s Update contains something for everyone – currencies and payments, infringement claims and acquisitions. Enjoy....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

A&O Shearman

Airlines and COVID-19: Hedging Considerations

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The ongoing events with COVID-19 and its impact on the travel industry have a number of potential implications for airlines’ derivative transactions....more

Pierce Atwood LLP

Class Action Litigation Related to COVID-19: Filed and Anticipated Cases (Updated November 9, 2020)

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Last updated November 9, 2020 Although the COVID-19 pandemic is still unfolding, class actions related to the coronavirus have already arrived and are on the rise. Despite unprecedented court closures and changing procedural...more

Vedder Price

Comerica Leasing Corporation v Bombardier Inc.

Vedder Price on

History of Residual Value Guarantees - In the late 1990s and early 2000s, manufacturers like Bombardier and Embraer increasingly began offering residual value guarantees (RVGs) to airlines and investors, typically...more

Vedder Price

Economic duress: will English law assist a party who enters into a contract as a result of a lawful threat of causing economic...

Vedder Price on

It is clear that English law permits a party to avoid a contract on the grounds of economic duress but there is some uncertainty as to the circumstance in which a contract may be avoided for economic duress. Requiring...more

Vedder Price

Global Transportation Finance Newsletter - September 2019

Vedder Price on

In This Issue – Economic duress: will English law assist a party who enters into a contract as a result of a lawful threat of causing economic harm? A Bird on the Ground is Worth One in the Sky: Lessons from ALC v. Far...more

Stinson LLP

The Good, the Bad and the Ugly in Texas Duel Between Lufthansa and Sabre

Stinson LLP on

The high plains of Texas set the stage for a dramatic standoff between Lufthansa German Airlines and global distribution service (GDS) giant Sabre Travel over Lufthansa's decision to impose an $18 surcharge on every ticket...more

McDermott Will & Emery

Turbulence on Breach of Employment Agreement, Trade Secret Misappropriation

McDermott Will & Emery on

Addressing a bench trial decision concerning a former employee’s retention of confidential information and violation of a non-compete provision, the US Court of Appeals for the Fourth Circuit found no abandonment of the...more

Foster Garvey PC

OTA & Travel Distribution Update: New platforms brought to regulators' attention; Google Assistant Interpreter Mode gets a test...

Foster Garvey PC on

Voice-assisted devices (a/k/a smart speakers) feature prominently in this week’s Update. Enjoy....more

Carlton Fields

Reservation Canceled! Court Strikes Class Allegations Against American Airlines

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The Northern District of Illinois recently granted defendant American Airlines’ motion to strike class allegations in a passenger’s breach of contract suit brought after American cancelled plaintiff’s flight reservation when...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

Benesch

Airline Passenger Mistreatment Claim Dismissed

Benesch on

Recently, airlines have been subject to intense public scrutiny over several high-profile incidents over alleged mistreatment of passengers. These reports are not limited to one particular incident where a customer was...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

Holland & Knight LLP

Treaty Preempts Discrimination and Contract Claims From Seat Assignment Dispute - Although the Complaint Did Not Plead a Montreal...

Holland & Knight LLP on

The U.S. District Court for the District of Columbia granted an airline's pre-answer motion to dismiss a passenger's discrimination and breach of contract claims arising from the airline's alleged failure to assign the...more

Foley & Lardner LLP

Seventh Circuit Offers No Relief for United Airlines' "Million Milers"

Foley & Lardner LLP on

For years United Airlines has asked its customers to “Fly the Friendly Skies,” but a dispute with one of its frequent flyers turned decidedly unfriendly and became the subject of a recent case before the Seventh Circuit in...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

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