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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)...


HTMLDefendants Win Summary Judgment In Australian Plane Crash Case In Illinois Federal Court
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 18, 2014, previously published on July 16, 2014
The estate administrators of victims of an Australia plane crash sued three companies in the United States alleging that the pilots’ navigational charts and the plane’s ground proximity warning system (“GPWS”) caused the crash. In granting the defendants’ motion for...


HTMLSupreme Court of Virginia Reverses Verdict for Autopilot Manufacturer and Remands Case
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 13, 2014, previously published on June 6, 2014
The Supreme Court of Virginia reversed a judgment in favor of an autopilot system manufacturer in a case involving consolidated wrongful death actions arising from a small airplane crash. In the court’s opinion that was released yesterday, the court concluded that an accident investigation...


HTMLSunshine in Litigation Act Introduced in U.S. Senate Could Limit Companies' Ability To Protect Confidential Information
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 2, 2014, previously published on May 23, 2014
In the wake of the recent automotive cases that have required federal courts to weigh the general public’s health and safety interest against corporate confidentiality when determining whether to seal court records, a bill has been proposed in the U.S. Senate that would prohibit a court from...


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...


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.,...


HTMLOntario Court Strikes Out Passenger Claims for Aggravated Damages and Common Law Negligence Pursuant to Warsaw and Montreal Conventions
Borden Ladner Gervais LLP;
Legal Alert/Article
December 12, 2013, previously published on December 9, 2013
On January 14, 2011, Ashlyn O’Hara was a passenger on Air Canada Flight 878 [“AC878”] from Toronto to Zurich. During the flight, the First Officer went to sleep for approximately 75 minutes. When the First Officer awoke, the Captain informed him that a United States Air Force...


HTMLLast Directors Standing: Expanding the Scope of Directors’ and Officers’ Environmental Liability in the Northstar Aerospace Case
Kimberly J. Howard, Selina Lee-Andersen; McCarthy Tétrault LLP;
Legal Alert/Article
November 15, 2013, previously published on November 11, 2013
In the recent case of Baker et al. v. Director, Ministry of the Environment, a number of former directors and officers of Northstar Aerospace, Inc. (Northstar) and its parent Northstar Aerospace (Canada) Inc. (Northstar Canada) found themselves as the last line of defence between Ontario Ministry...


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...


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