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HTMLMotor Carriers Face Uphill Battle After California Supreme Court Decision
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 30, 2014, previously published on July 29, 2014
Harris v. Pac Anchor Transportation, Inc., No. S194388 (July 28, 2014): In a unanimous decision, the California Supreme Court has held that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt an action brought under California’s Unfair Competition Law (UCL)...


Adobe PDFPension protection fund changes following Olympic Airlines case
Beth Brown, Ronan McNabb; Mayer Brown International LLP;
Legal Alert/Article
July 22, 2014, previously published on July 2014
The regulatory amendments drawn up by the Secretary of State for Work and Pensions following the outcome in Trustees of Olympic Airlines SA Pension & Life Assurance Scheme v Olympic Airlines SA have been drafted narrowly and may end up protecting no one other than the beneficiaries of the...


HTMLNinth Circuit Finds FAA Preempts Safety-Related Wrongful Termination Claim
Douglas W. Hall; Ford & Harrison LLP;
Legal Alert/Article
May 2, 2014, previously published on April 29, 2014
Executive Summary: The Ninth Circuit has held that the Federal Aviation Act (FAA) preempts state law wrongful termination claims where their resolution would require "the factfinder to intrude upon the federally occupied field of aviation safety by deciding questions of pilot medical standards...


HTMLCourt 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.;
Legal Alert/Article
March 10, 2014, previously published on February 28, 2014
On 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...


HTMLSupreme Court Finds Truthful Statements Made to TSA are Entitled to Immunity
Douglas W. Hall, Thomas J. Kassin, Andrew D. McClintock; Ford & Harrison LLP;
Legal Alert/Article
February 18, 2014, previously published on February 11, 2014
Executive 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...


HTMLPleadings for Underfunded Contract under State Law Must be Sufficiently Detailed, California Court Rules
Jackson Lewis P.C.;
Legal Alert/Article
February 18, 2014, previously published on February 13, 2014
Section 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...


HTMLSupreme 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.;
Legal Alert/Article
February 5, 2014, previously published on January 28, 2014
On 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...


HTMLFirst Circuit Allows Retaliation Claim to Proceed Absent Direct Evidence of Decision Makers’ Retaliatory Animus
Nicole S. Corvini; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 13, 2014, previously published on January 10, 2014
The First Circuit Court of Appeals recently took an expansive view of the type of evidence that is sufficient to raise a genuine issue of material fact to defeat an employer’s motion for summary judgment in a wage and hour case. Specifically, in Travers v. Flight Services & Systems, Inc.,...


HTMLSDNY Says No Extraterritorial Application For Dodd-Frank Anti-Retaliation Provision
Lloyd B. Chinn, Harris Michael Mufson, Daniel L. Saperstein; Proskauer Rose LLP;
Legal Alert/Article
October 23, 2013, previously published on October 23, 2013
In Liu v. Siemens A.G., No. 13 Civ. 317 (WHP), slip op. (S.D.N.Y. Oct. 21, 2013), the U.S. District Court for the Southern District of New York held that the anti-retaliation protections found in Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 do not apply...


HTMLTeamsters' Attempt to Capitalize on Airline Merger Ends Up as a Big Nothing
David P. Phippen; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
September 2, 2013, previously published on August 2013
A proposed merger of US Airways and American Airlines, two of the world's largest airlines, was a tempting target to the International Brotherhood of Teamsters, which sought to displace the unions that were representing the airlines' mechanics. But the Teamsters lost at US Airways, and walked away...


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