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![]() | Air Cargo Class Action to Proceed -- District Court Overrules Twombly Dismissal Recommendation Daniel L. Brown; Sheppard, Mullin, Richter & Hampton LLP; October 16, 2009, previously published on October 12, 2009 On August 21, 2009, Judge John Gleeson of the United States District Court for the Eastern District of New York overruled a magistrate judge's recommendation to dismiss antitrust and other claims asserted in a multi-district putative class action against domestic and foreign airlines that provide... |
![]() | Commercial Airline Did Not Operate Aircraft in Careless or Reckless Manner When Passenger Struck in Head by Luggage Daniel A. Trevino; Hinshaw & Culbertson LLP; August 28, 2009, previously published on August 19, 2009 Passengers in various jurisdictions have filed lawsuits after being struck by luggage that fell either out of overhead bins on aircraft and/or other passenger lines. The defendants in many of these actions have filed summary judgment motions. One recent case in which a defendant was granted summary... |
![]() | Hospital Liable under Aviation Safety Whistleblower Law Robert M. Wolin; Baker & Hostetler LLP; August 4, 2009, previously published on July 23, 2009 Miami Valley Hospital (Miami Valley) and an air ambulance service which furnished pilots and mechanics for the hospital's air ambulance operation were held jointly liable by the U.S. Department of Labor's Administrative Review Board (Board) for violating the whistleblower protection provisions of... |
![]() | Privy Council: Liability for Plane Crash Edwards Angell Palmer & Dodge LLP; July 6, 2009, previously published on June 2009 In Felicia Andrina George (Administratrix of the Estate of Hughes Williams, Deceased) v Eagle Air Services Ltd [2009] UKPC 21 the administratrix of the estate sought compensation for the death of her husband in an air crash. |
![]() | Federal Circuit Grounds the "Flying Dorito" Jessica Mailman; Sheppard, Mullin, Richter & Hampton LLP; June 25, 2009, previously published on June 11, 2009 In McDonnell Douglas Corp. v. United States, Civil Action No. 2007-5111-5113 (Fed. Cir. June 2, 2009), the Federal Circuit, after more than a decade of A-12 litigation, upheld a termination for default, finding that the Government was justifiably insecure about the contract's timely completion. |
![]() | Supreme Court will not Review ADA Claim of Sleeping Pilot Ford & Harrison LLP; June 5, 2009, previously published on May 2009 The U.S. Supreme Court has refused to review a federal appeals court decision holding that Southwest Airlines did not violate the Americans with Disabilities Act (ADA) when it discharged an airline instructor pilot with sleep apnea who repeatedly fell asleep while on duty. |
![]() | Federal Airline Deregulation Act does not Pre-empt Aircraft Mechanic's Retaliation Claim Ford & Harrison LLP; June 5, 2009, previously published on May 2009 A federal court in Illinois has held that an aircraft mechanic's state law retaliation claim is not pre-empted by the whistleblower protection provision (WPP) of the Federal Airline Deregulation Act (FADA). |
![]() | OSHA Orders Southern Air to Compensate Former Employees who filed AIR21 Claims Ford & Harrison LLP; June 5, 2009, previously published on May 2009 OSHA has ordered Southern Air to withdraw defamation lawsuits filed against several former employees and pay them more than $7.9 million in wages, damages and legal fees. |
![]() | English High Court Strikes Out "Class Action" Against British Airways Neil Ray; Sheppard, Mullin, Richter & Hampton LLP; June 4, 2009, previously published on May 13, 2009 On April 8, 2009, the Chancellor of the High Court (who is the head of the Chancery Division of the High Court of Justice of England and Wales) granted an application by British Airways ("BA") to strike out the representative element of a claim for damages arising from its alleged... |
![]() | China Promulgates New Regulations on the Construction, Operation, and Safety of Civil Airports Andrew B. Steinberg, Owen D. Nee, Naveen C. Rao, Liming Yuan; Jones Day; May 12, 2009, previously published on May 2009 The People's Republic of China is in the midst of an airport construction drive that is extraordinary in its scope and ambition -- even for China -- and that reflects their commitment to building a modern air transportation infrastructure rivaled only by those of the United States and Europe. |






