News & Analysis as of

Preemption Aviation Industry

Seyfarth Shaw LLP

The Benefits of Flying into SFO; Employees Have Free Family Health Insurance – For Now

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Seyfarth Synopsis: In August, the Ninth Circuit Court of Appeals revived a challenge by Airlines for America (“A4A”), to San Francisco’s Healthy Airport Ordinance (the “Ordinance”), which requires airlines that use the San...more

Jones Day

FAA Updates Its Stance on Preemption of State and Local Drone Laws

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The Federal Aviation Administration ("FAA") released an updated Fact Sheet clarifying its perspective on the limits of state and local governments to regulate drones. ...more

Robinson+Cole Data Privacy + Security Insider

Biometric Privacy Class Action Against DAL Global Service will Proceed

DAL Global Services LLC , an aviation ground handling service provider, was hit with a proposed biometric privacy class action in April of this year in the U.S. District Court for the Northern District of Illinois. ...more

FordHarrison

U.S. District Court Rules in Favor of Airline Flight Crew Employees on Paid Sick Leave Challenge

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On October 11, 2019, a federal judge for the U.S. District Court for the Western District of Washington ruled that Washington state’s paid sick leave law does not violate the Constitution or federal preemption law, thereby...more

Littler

Friendlier Skies in Rhode Island: Sunday & Holiday Premium Pay Law Held Preempted for Airlines

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The Rhode Island Supreme Court recently held that the Airline Deregulation Act (ADA), a federal law, preempts Rhode Island law requiring premium pay for Sunday and holidays.  This decision may allow employers in other...more

Stinson LLP

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

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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

Jones Day

Sikkelee Round Two: Federal Aviation Law vs. State Tort Law Rematch

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The Situation: The Third Circuit decided Sikkelee II, a closely watched case involving preemption in the aviation context. The Outcome: A divided Third Circuit held, 2–1, that federal aviation law did not "conflict...more

Katten Muchin Rosenman LLP

The FAA Reauthorization Act of 2018 is Enacted Into Law

On October 5, President Trump signed the FAA Reauthorization Act of 2018 into law. The Act funds the FAA through 2023 and does not include the controversial proposal to privatize US air traffic control, proposed restrictions...more

Holland & Knight LLP

FAA Reauthorization Act Confirms Pre-emptive Effect of Statute Protecting Aircraft Lessors

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The FAA Reauthorization Act of 2018, enacted on Oct. 5, 2018, has clarified and confirmed the pre-emptive effect of the federal statute intended to shield from liability owners, lessors and secured parties not in operational...more

Holland & Knight LLP

Illinois Legislature Pre-empts Municipal Authority to Regulate Drones

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Effective immediately, the Illinois General Assembly has pre-empted all Illinois municipalities other than Chicago, including home rule municipalities, from regulating "unmanned aircraft systems," commonly referred to as...more

Buchalter

FAA Stands Firm in Defense of Federal Preemption of Airspace Regulations

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On July 20, 2018, the Federal Aviation Administration (“FAA”) issued a Press Release unequivocally clarifying its views of the distribution of regulatory authority between federal and local governments with respect to the...more

Amundsen Davis LLC

Liability Falls Out Of Favor For Aircraft Owners

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There was a time when aircraft owners were a frequent target of accident litigation. Despite frequent assertion by the defense bar (including the author) of the reasons that mere ownership without more (such as improper...more

Holland & Knight LLP

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

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• 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

Polsinelli

Airlines Association Files Another Lawsuit Challenging Massachusetts Paid Sick Leave Law

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On April 4, 2018, Airlines for America, a trade association and lobbyist organization for U.S. airlines, filed a lawsuit in federal court in Massachusetts against the Massachusetts Attorney General challenging the state’s...more

Downs Rachlin Martin PLLC

Vermont Legislative Update 03-30-2018 - An analysis from DRM's Government & Public Affairs Team

Senators Berate ANR Secretary over Missed Deadline - Agency of Natural Resources Secretary Julie Moore said on Thursday she's learned to put requests in writing after she sought legislative permission to delay promulgation...more

Holland & Knight LLP

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

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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

Cranfill Sumner LLP

Aviation Law News Alert: What We Can Learn From A Glider Who Flew Too Close To A Nuclear Power Plant

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In the case of William Cox, personal representative for the estate of Robin Fleming, vs. Duke Energy, et. al. the Fourth Circuit recently addressed a glider pilot’s arrest for flying too close to a nuclear power plant, the...more

Butler Weihmuller Katz Craig LLP

"It's Not Old, It's A Classic!": Risk in Aging Aircraft with GARA Protecting Manufacturers

The General Aviation Revitalization Act of 1994 (“GARA”) was a byproduct of aging aircraft, rising costs, and tort liability in the United States. Congress was concerned that aircraft manufacturers were being devastated by...more

Benesch

Airline Passenger Mistreatment Claim Dismissed

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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

Amundsen Davis LLC

Thoughts on Drones: The View from the Bench

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Having just returned from the American Bar Association Aviation and Aerospace Committee Conference, I would like to share some thoughts on drones conveyed from the view of the bench and the regulators....more

Cozen O'Connor

AOPA Asks Supreme Court to Review Sikkelee Decision; Urges FAA Preemption

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In a notable amicus curiae brief, the Aircraft Owners and Pilots Association (AOPA) has asked the U.S. Supreme Court to reverse a decision from the U.S. Court of Appeals for the Third Circuit (Third Circuit), which allowed...more

Holland & Knight LLP

Courts Continue to Reaffirm Preemptive Effect of Statute Protecting Aircraft Lessors

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A decision out of the U.S. District Court for the District of Hawaii joins a growing list of holdings reaffirming the proposition that an owner, lessor or secured party not in actual possession or control of an aircraft is...more

Carlton Fields

New Federal Drone Regulations Leave Unanswered Questions

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The Federal Aviation Administration Extension, Safety, and Security Act of 2016 (“FAA Reauthorization”) was signed into law July 15. The FAA Reauthorization contained at least five sections directed specifically at unmanned...more

Cozen O'Connor

Federal Preemption Narrowed For Aviation Suppliers In Sikkelee v. Precision Airmotive Corp.

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On April 19, 2016, the Third Circuit Court of Appeals issued its opinion on the issue of federal preemption in Sikkelee v. Precision Airmotive Corp. The sixty-one page opinion effectively narrowed the scope of federal...more

Morrison & Foerster LLP

Third Circuit Limits Federal Aviation Act Preemption for Product Liability Claims

In a departure from a string of cases supporting field preemption of state-law aviation product liability claims under certain circumstances by the Federal Aviation Act (FAAct), the Third Circuit recently held that the FAAct...more

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