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|Court Throws Out Union’s Railway Labor Act Challenge to Employer’s Withdrawal of Voluntary Recognition and Rejection of CBA|
Elizabeth Dougherty; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
March 10, 2014, previously published on February 28, 2014On February 18, 2014, in Herrera v. Command Security Corp. d/b/a Aviation Safeguards, 2:12-cv-10968-SVW-RZx, the U.S. District Court for the Central District of California ruled that an employer’s withdrawal of voluntary recognition of a union and rejection of its collective bargaining...
|Foreign Air Carriers Must Adhere to a “Family Assistance Plan” in the Event of an Accident on American Soil Resulting in Major Loss of Life|
Gary A. Gardner, Tara J. Novack; Wilson Elser Moskowitz Edelman & Dicker LLP;
March 6, 2014, previously published on February 26, 2014Following the July 6, 2013, crash of Asiana Flight 214 in San Francisco, the U.S. Department of Transportation (DOT) fined Asiana Airlines $500,000 for failing to assist passengers’ families in accordance with the Foreign Air Carrier Family Support Act of 1997 (the Act). The forerunner of the...
|European Commission Revises Guidelines on State Aid to Airports and Airlines|
Ozan Akyurek, Yvan N. Desmedt, Holger Neumann; Jones Day;
February 24, 2014, previously published on February 2014The European Commission released revised Guidelines for the assessment of State aid to airports and airlines on February 20, 2014. The revised Guidelines, designed to take into account the current legal and prevailing market conditions introduce substantial changes:
|Pleadings for Underfunded Contract under State Law Must be Sufficiently Detailed, California Court Rules|
Jackson Lewis P.C.;
February 18, 2014, previously published on February 13, 2014Section 2810 of the California Labor Code prohibits businesses from entering into contracts for certain services, such as security and janitorial services, where the contracting party “knows or should know” the contract does not include enough funds to allow the contractor to comply...
|Supreme Court Finds Truthful Statements Made to TSA are Entitled to Immunity|
Douglas W. Hall, Thomas J. Kassin, Andrew D. McClintock; Ford & Harrison LLP;
February 18, 2014, previously published on February 11, 2014Executive Summary: The U.S. Supreme Court recently overturned a $1.2 million jury verdict on a former Air Wisconsin pilot's defamation claims, holding that the statements made by the airline to the Transportation Safety Authority (TSA) were entitled to immunity under the Aviation and Transportation...
|English High Court concludes that terms of Luton Airport’s coach concession agreement are an unlawful abuse of its dominant position|
Becket McGrath, Trupti Reddy; Edwards Wildman Palmer LLP;
February 12, 2014, previously published on February 10, 2014 Air passengers landing at an airport typically have a range of options for onward travel, including taxi, train or bus. Where available, dedicated airport buses are often a popular choice for passengers, as they offer convenient city centre connections and are generally cheaper than trains, albeit...
|TSA Issues New Security Rule for Aviation Repair Stations—What Does this Mean for Aircraft Maintenance Providers?|
Rebecca MacPherson; Jones Day;
February 5, 2014, previously published on January 2014On January 13, the Transportation Security Administration ("TSA") issued its long-awaited aviation repair station security rule. 79 Fed. Reg. 2119. The rule, which takes effect on February 27, affects both domestic and foreign aviation repair stations. In marked contrast to the original...
|You Like 'To-May-Toe,' I Like 'To-Mah-Toe' -- Distinctions Without a Material Difference: Supreme Court Reverses Lower Court Rejection of ATSA Immunity|
Barry S. Alexander, Jonathan M. Stern; Schnader Harrison Segal & Lewis LLP;
February 5, 2014, previously published on January 2014The events of September 11 were by no means the first examples of terrorism involving aviation, but they unified the U.S., if not the world, in its effort to make air travel safer. It was in the wake of 9/11 that Congress enacted the Aviation and Transportation Security Act (ATSA), pursuant to...
|Supreme Court Finds Air Carrier Immune From Defamation Claim For Reporting Employee’s Outburst to TSA|
W. Chris Harrison; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
February 5, 2014, previously published on January 28, 2014On January 27, 2014, the Supreme Court of the United States reversed a nearly $1.2 million jury verdict for defamation against Air Wisconsin Airlines Corporation in a case surrounding the airline carrier’s report about a pilot to the Transportation Security Administration (TSA). The Court...
|The Seven Deadly C’s...Most Frequent Causes of Air Rage (Other Than Mental or Physical Illness and Prescription Medication Problems)|
Mary F. Schiavo; Motley Rice;
February 4, 2014, previously published on January 29, 2014As a frequent flier it is no surprise to me that the International Air Transport Association reported that the number of incidents involving unruly passengers has increased 12-fold in the past four years. However, the statistics do not tell the full story. Not everyone who boards a plane loses...