News & Analysis as of

US Airways

Foster Garvey PC

Online Travel Update: FlightHub Insists It Is Trustworthy; US Airways Claims Losses of Nearly $300 Million in Case Against Sabre;...

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Last week’s Update features a variety of stories, including FlightHub’s attempt to resurrect its reputation and US Airways’ latest claims against Sabre. Enjoy....more

ArentFox Schiff

Decades-Running Antitrust Claims Against Sabre Continue To Overcome Hurdles

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Before being acquired by American Airlines, US Airways sued Sabre for anticompetitive conduct under the Sherman Act. The case begins trial later this spring, and the district court’s recent ruling on summary judgment...more

McAfee & Taft

Change in job duties may necessitate change in ADA accommodation

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It was a close call, but a court recently denied an employee’s Americans with Disabilities Act claim that her employer had improperly refused a request to continue working from home as an accommodation. With the growth of...more

Parker Poe Adams & Bernstein LLP

Employers Can Modify or Revoke ADA Accommodations if Underlying Job Duties Change

In his classic 1998 business book “Who Moved my Cheese?,” Spencer Johnson discussed the need for businesses and employees to focus on the need to adapt to changes in their industries. In our practice, we frequently see claims...more

Seyfarth Shaw LLP

Close Call: American Airlines Wins ADA Case by One Vote, but the Warning Signals for Employers are Loud and Clear

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Seyfarth Synopsis: In a 2-1 decision in Bilinsky v American Airlines, Inc., 2019 WL 2610944 (7th Cir. June 26, 2019), the Seventh Circuit recently affirmed American Airlines’ summary judgment win against a former employee who...more

Amundsen Davis LLC

Attorney Admonished For Ex Parte Communications With Flight Attendants

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Regina Raub sued US Airways for injuries she allegedly suffered when her flight encountered turbulence. In preparing the case, Raub’s attorney spoke with two US Airways flight attendants. Ethics rules prohibit a lawyer for...more

Patterson Belknap Webb & Tyler LLP

Sabre Appeals to the Second Circuit After $15M Jury Verdict for US Airways

Last week, Sabre filed its principal brief on appeal to the Second Circuit Court of Appeals, seeking to overturn the jury’s verdict of $15 million and find for Sabre or, in the alternative, grant a new trial in US Airways...more

FordHarrison

Airline Industry Alert: California Court Upholds RLA Exemption to State Wage and Hour Law

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In a complete reversal of its earlier decision, a California federal judge held that employees covered by a collective bargaining agreement (CBA) entered into in accordance with the provisions of the Railway Labor Act (RLA)...more

Foster Garvey PC

OTA & Travel Distribution Update – Dec. 22nd, 2016

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Our weekly client OTA & Travel Distribution Update for the short week ending December 22, 2016 is below. This week’s update is brief one....more

Cozen O'Connor

Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions - July 2015

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This edition of the Cozen O’Connor Aviation Regulatory Update includes an update on the Department of Justice’s initiation of an antitrust investigation of alleged pricing and capacity collusion among the major U.S. airlines,...more

Cadwalader, Wickersham & Taft LLP

Settlement Of The US Airways/American Airlines Merger Litigation Highlights Changing Antitrust Landscape

On November 12, 2013, US Airways, American Airlines, the U.S. Department of Justice (“DOJ”), and several state Attorneys General announced an agreement to settle the antitrust litigation challenging the merger of the two...more

BakerHostetler

Could an Idaho Healthcare Merger Impact Other Mergers, Including the American/US Airways Merger?

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With the trial over, post-trial briefs due November 1, and closing arguments scheduled for November 7, a lot more is at stake than whether St. Luke’s Health System (“St. Luke’s”) can keep Saltzer Medical Group (“Saltzer”) – a...more

BakerHostetler

US Airways and American Airlines Have a Potential Friend in FTC Commissioner Wright

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In their answer to the government’s complaint challenging their proposed merger, US Airways and American Airlines (the “Airlines”) tout the “immense benefits to the traveling public” that the combined “US Airways and American...more

Winstead PC

Group Health Plan Can Enforce Reimbursement Rights Against Trustee

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On the heels of the United States Supreme Court’s recent holding in U.S. Airways v. McCutchen, where the Court held that a group health plan’s reimbursement rights are not automatically subject to equitable defenses, it...more

Davis Wright Tremaine LLP

ERISA Litigation Alert: Check Your Plan Subrogation and Reimbursement Language to Eliminate “Contractual Gaps”

In U.S. Airways v. McCutchen, the U.S. Supreme Court upheld the ability of U.S. Airways’ health plan to recover medical expenses that it previously paid to the injured party from a third party settlement, but remanded the...more

Franczek P.C.

Monthly Benefits Update - April 2013

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Health Care Reform: Guidance on Required Future Modifications to SBC, Other Issues - The Internal Revenue Service (IRS), Department of Labor (DOL), and Department of Health and Human Services (HHS) issued new guidance...more

Bradley Arant Boult Cummings LLP

Supreme Court Clarifies Subrogation Rights, Emphasizes Need for Precise Plan Language

Plan sponsors, particularly those that sponsor self-funded health plans, should review plan document provisions in light of the recent decision of the Supreme Court of the United States in US Airways, Inc. v. McCutchen. In...more

Dickinson Wright

ERISA Legal News - 1st Quarter, 2013 • Volume 4, Number 1

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In This Issue: - Supreme Court Update: Where Plan Reimbursement Or Recovery Terms Are Ambiguous Or Silent,Equitable Doctrines May Fill The Gaps: US Airways, Inc. v. McCutchen, 569 U.S. ___ (2013). In an...more

Winstead PC

Supreme Court “Dooms” Equitable Defenses to Plan’s Reimbursement Provisions

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In a prior blog, I discussed the importance of including unambiguous reimbursement rights in health plan documents in order to manage healthcare costs. The enforceability of such rights was confirmed by the United States...more

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

High Court Rules Equitable Defenses Don’t Override ERISA Plan Terms

On April 16, 2013, the U.S. Supreme Court issued its decision in US Airways, Inc. v. McCutchen (No. 11–1285), deciding the issue of whether equitable defenses, such as the principle of unjust enrichment, can override the...more

Stinson - Benefits Notes Blog

The U.S. Supreme Court Upholds Plan Sponsor’s Recovery Of Participant Damages Award

On April 16, 2013, the U.S. Supreme Court issued its opinion in U.S. Airways, Inc. v. McCutchen finding in favor of U.S. Airways in its quest to recover $66,866 in medical expenses incurred by its employee as a result of a...more

Cozen O'Connor

Infrastructure Alert - April 17, 2013

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Last week, President Obama released his FY2014 budget, outlining several proposals to fund new infrastructure programs. The budget proposes $40 billion for “Fix it First” projects to repair existing infrastructure, as well...more

Hinshaw & Culbertson LLP

Attorneys' Fees Reduce ERISA Plan's Recovery From Common Fund

The United States Supreme Court ruled today that absent an express provision to the contrary, the amount an ERISA plan can recover from a plan participant’s lawsuit against a third-party tortfeasor must be reduced...more

Proskauer - Employee Benefits & Executive...

U.S. Supreme Court Rules That Plan Terms Trump Equitable Defenses

Today, the U.S. Supreme Court issued its ruling in U.S. Airways, Inc. v. McCutchen in which the Court unanimously ruled that a clearly drafted reimbursement clause will trump all equitable defenses....more

Fisher Phillips

Supreme Court Forbids Rewrite Of ERISA Plan

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The supremacy of a written ERISA -governed plan still reigns as the U.S. Supreme Court reversed the ruling of an appellate court which had held that a court in equity can ignore unambiguous subrogation reimbursement language,...more

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