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|Flying is a No-Rights Zone: Supreme Court of Canada Dismisses Language Rights Claim|
Ranjan K. Agarwal, Faiz M. Lalani; Bennett Jones LLP;
January 20, 2015, previously published on November 3, 2014Plaintiffs cannot bring a claim for damages for a breach of fundamental rights against an airline if that breach arose in the course of international travel. Simply put, international flying is a “no-rights zone” between embarkation and debarkation.
|NTSB Overturns Administrative Law Judge Decision and Holds That Federal Aviation Regulation 91.13 (Careless or Reckless Operation) Applies to Unmanned Aircraft Systems|
Barry S. Alexander; Schnader Harrison Segal & Lewis LLP;
January 12, 2015, previously published on December 2014The Federal Aviation Association (FAA) is feverishly working on a Notice of Proposed Rulemaking (NPRM) governing commercial use of unmanned aircraft systems (UAS), which it intends to have ready by the end of 2014. Details about the NPRM have begun to spread, including the FAA’s apparent...
|Buying Or Selling An Aircraft? Begin Your Planning Well Before You Land The Deal|
James D. Wegner; McGrath North Mullin & Kratz, PC LLO;
December 23, 2014, previously published on Fourth Quarter 2014We received a frantic call from an aircraft buyer who had recently taken delivery of a beautiful plane. The buyer had been careful to follow the Internet “advice” he found that suggested he could avoid paying sales tax by taking delivery of his aircraft in a state that had no sales tax....
|Administrator v. Pirker: NTSB Holds that Existing Regulations Can Apply to Unmanned Aerial Systems (Drones)|
Jeffrey J. Immel, Rebecca MacPherson, Jameson C. Rohrer, Devin A. Winklosky; Jones Day;
December 16, 2014, previously published on December 2014On November 18, 2014, the National Transportation Safety Board ("NTSB") issued its long-awaited decision in Administrator v. Pirker. The NTSB reversed the holding of the Administrative Law Judge ("ALJ") and found that 14 C.F.R. § 91.13(a), which forbids careless or reckless...
|FAA Lifts Age Restrictions for Airline Pilot Crew Pairings on International Flights|
Erik M. Dullea; Jackson Lewis P.C.;
December 16, 2014, previously published on November 24, 2014The Federal Aviation Administration (FAA) has announced it will no longer enforce its requirement that airline pilots aged 60 and over, who are the pilot in command on international flights operated by scheduled air carriers (commercial airlines), be paired with a co-pilot under age 60. Pilot Age...
|A Win for the FAA, Status Quo for the UAS Industry|
Amanda E. Tummons; Husch Blackwell LLP;
December 8, 2014, previously published on November 20, 2014The Federal Aviation Administration posted a win this week when the National Transportation Safety Board (NTSB) issued its decision reversing and remanding the decisional order issued by an administrative law judge (ALJ) in the case of Michael Huerta, Administrator, Federal Aviation Administration...
|The Skies Are Still Friendly, Despite Virgin Galactic Crash|
Eric J. Sinrod; Duane Morris LLP;
November 17, 2014, previously published on November 5, 2014First, we took to the air by hot air balloon. Next, we went even higher via ever-developing aircraft. Astronauts then made their way into outer space and even to the moon.
|RLA System Board Rules That Cessation of Operations as an Air Carrier Resulted in Termination of the CBA|
Lilia R. Bell; Ford & Harrison LLP;
October 31, 2014, previously published on October 24, 2014Executive Summary: In a recent decision, an RLA System Board of Adjustment has ruled that unilateral termination of a pilot retiree health insurance plan was permissible because the underlying CBA had terminated.
|FAA Approves Commercial Use of Unmanned Aircraft Systems; Provides Guidance for Accelerated Use|
Thomas L. Gemmell; Husch Blackwell LLP;
October 23, 2014, previously published on October 13, 2014In a historic decision, the FAA for the first time last month approved the commercial use of unmanned aircraft systems (UAS) through petitions for exemption under the Section 333 of the FAA Modernization and Reform Act of 2012 (“Special Rules for Certain Unmanned Aircraft Systems”). The...
|Pilot Denied New Trial In New Hampshire Helicopter Crash Case|
Sutherland Asbill Brennan LLP;
October 16, 2014, previously published on October 9, 2014The pilot of a helicopter that had to conduct an emergency landing brought a suit against the manufacturers of the helicopter, the engine, and the electronic control unit (“ECU”) for defective design. The U.S. District Court for the District of New Hampshire issued an 80-page opinion...