In Snow v. GE, No. 5:18-CV-511-FL, 2019 U.S. Dist. LEXIS 99760 (E.D.N.C. June 14, 2019), a North Carolina federal court dismissed a TCPA claim on the grounds that dialing equipment must possess a random or sequential number...more
Safety hazards presented by the air transportation of lithium ion batteries are once again the subject of regulatory action in the United States. The U.S. DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA)...more
4/25/2019
/ Air Cargo ,
Air Carriers ,
Department of Transportation (DOT) ,
Federal Aviation Administration (FAA) ,
Hazardous Substances ,
ICAO ,
Incident Response Plans ,
Interim Final Rules (IFR) ,
Lithium Batteries ,
Manufacturers ,
PHMSA ,
Regulatory Standards ,
Reporting Requirements ,
Supply Chain ,
Warning Labels
Since the U.S. Food and Drug Administration’s (FDA’s) publication of the Final Rule regarding Sanitary Transportation of Human and Animal Food on April 6, 2016, 21 CFR 1.900, et seq. (the STF Rule), there has been an increase...more
4/23/2019
/ Audits ,
Brokers ,
FMCSA ,
Food and Drug Administration (FDA) ,
Food Safety ,
FSMA ,
IFTA ,
Lithium Batteries ,
Motor Carriers ,
Regulatory Agencies ,
Regulatory Standards ,
Sanitary Food Transportation Act (SFTA) ,
Shipping ,
Trucking Industry
In Doe v. Etihad Airways, P.J.S.C., the U.S. Court of Appeals for the Sixth Circuit radically altered the scope of an air carrier’s liability under the Montreal Convention, the international treaty controlling an air...more
7/11/2018
/ Air Carriers ,
Airlines ,
Appeals ,
Aviation Industry ,
Bodily Injury ,
Civil Liability ,
Emotional Distress Damages ,
En Banc Review ,
Montreal Convention ,
Sexual Harassment ,
Warsaw Convention
Effective June 12, 2018, U.S. Customs & Border Patrol (CBP) has implemented new interim final rules regarding Air Cargo Advance Screening (ACAS) for inbound aircraft into the United States that have commercial cargo on board....more
In Wendelberger v. Deutsch Lufthansa AG, No. 18-cv-01055, 2018 U.S. Dist. LEXIS 88532 (N.D. Cal. May 25, 2018), the Northern District of California recently dismissed a claim against Deutsch Lufthansa AG (“Lufthansa”) on the...more
In June, the Federal Communications Commission (“FCC”) proposed imposing a $2.86 million fine against HobbyKing, a seller of “first-person view” navigation devices for unmanned aircraft systems (“UASs”). We previously...more
Commercial transactions, particularly those involving aircraft lease agreements and insurance coverage, often involve numerous parties and complex relationships between them. The Eleventh Circuit’s decision in Aviation One of...more
The past decade has seen a rapid increase in the use of unmanned aircraft systems (“UAS”) (sometimes, though unusually inaccurately, called “drones”). The integration of UASs into the national airspace continues to be an area...more
In AGCS Marine Ins. Co. v. Geodis Calberson Hungaria Logisztikai KFT, No. 16-CV-9710 (S.D. N.Y. 2017), the Southern District of New York recently held that a contracting carrier’s claims for contribution and indemnification...more
A United States Court of Appeals radically altered the scope of an air carrier’s liability under the Montreal Convention, the international treaty controlling an air carrier’s liability for damages to persons or property...more
In Doe v. Etihad Airways, No. 16-1042 (6th Cir. Aug. 30, 2017), the United States Court of Appeals for the Sixth Circuit radically altered the scope of an air carrier’s liability under the Montreal Convention, the...more
The past decade has seen a rapid increase in the use of unmanned aircraft systems (“UAS”) (sometimes, though unusually inaccurately, called “drones”). This has caused concerns among state and federal lawmakers over a wide...more
The Federal Aviation Administration (“FAA”) has long set standards for the operation of aircraft in the United States, including extensive requirements for aircraft registration. Historically, the FAA did not interpret the...more
New York’s Department of Taxation and Finance recently released an Advisory Opinion concluding that the sale of fractional aircraft shares are not taxable under state law. New York tax law imposes sales and use tax on retail...more
The federal district court for the Western District of Kentucky dismissed a lawsuit filed by a UAS pilot, David Boggs, against the “drone slayer” William Meredith. In 2015, Meredith shot down Boggs’s UAS while it was flying...more
Recently, airlines have been subject to intense public scrutiny over several high-profile incidents over alleged mistreatment of passengers. These reports are not limited to one particular incident where a customer was...more
Lyft, the ride-sharing service, recently obtained dismissal of a putative class alleging that it violated the Fair Credit Reporting Act (“FCRA”) when obtaining background checks on its drivers. See Nokchan v. Lyft, Inc., No....more
While Fed. R. Civ. P. 23(a)(1), the “numerosity” requirement, is not a frequently challenged issue in many class actions, its importance cannot be ignored. Rule 23(a)(1) mandates that in order to certify a class action, the...more
Air transportation of lithium ion batteries recently garnered significant attention due to events following reports of the Samsung Galaxy Note 7’s batteries overheating, catching fire, and even exploding. See Samsung Recalls...more
10/20/2016
/ Air Carriers ,
Criminal Penalties ,
Department of Transportation (DOT) ,
Federal Aviation Administration (FAA) ,
Hazardous Substances ,
Lithium Batteries ,
Mobile Devices ,
PHMSA ,
Product Recalls ,
Reporting Requirements ,
Samsung ,
Shipping
In Simmons v. Charter Communs., Inc., No. 15-cv-317, 2016 U.S. Dist. LEXIS 42091 (D. Conn. March 30, 2016), the District of Connecticut granted summary judgment in favor of Charter Communications in a putative class action...more
In Friedman v. Nat’l Programming Servs., LLC, No. CV 15-4866, 2016 U.S. Dist. LEXIS 40575 (C.D. Cal. March 25, 2016), the Central District of California granted summary judgment in favor of the defendant, National Programming...more
In Bridgeview Health Care Center, Ltd. v. Jerry Clark d/b/a Affordable Digital Housing, No. 14-3728 (7th Cir. March 21, 2016), the Seventh Circuit issued a multilayered decision regarding the use of subclasses under Fed. R....more
In Baisden v. Credit Adjustments, Inc., No. 15-3411 (6th Cir. Feb. 12, 2016), the Sixth Circuit affirmed summary judgment in favor of Credit Adjustments, Inc. in a putative class action alleging violations of the Telephone...more
In Stevens-Bratton v. TruGreen, Inc., No. 15-cv-2472, 2016 U.S. Dist. LEXIS 3365 (W.D. Tenn. Jan. 12, 2016), the District Court for the Western District of Tennessee denied class certification of a putative class action...more