News & Analysis as of

Aviation Industry Breach of Contract

A&O Shearman

JOLCO-motion denied: aircraft finance termination payments not penalties

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The English High Court has found that termination payments under Japanese Operating Lease with Call Option (JOLCO) structures did not amount to unenforceable penalties....more

Pillsbury Winthrop Shaw Pittman LLP

What Lessors Need to Know: English High Court Rules on Russian Aircraft Losses

The Judgment addressed joined insurance claims brought by major aircraft lessors whose aircraft and engines were stranded in Russia following the imposition of sweeping Western sanctions and Russian government measures which...more

Foley Hoag LLP

Recent Highlights in Aviation and Defense Arbitration

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The last year has demonstrated the continued suitability of commercial and investment arbitration for dealing with complex, and simple, disputes in these crucial industries. Please see below our takeaways on some of the more...more

Proskauer - New Media & Technology

Southwest Airlines Wins Injunction Barring Travel Site from Scraping

On September 30, 2021, a Texas district court granted Southwest Airline Co.’s (“Southwest”) request for a preliminary injunction against online travel site Kiwi.com, Inc. (“Kiwi”), barring Kiwi from, among other things,...more

Pillsbury Winthrop Shaw Pittman LLP

Tour de Force: Force Majeure Litigation Continues in the Travel and Commercial Real Estate Industries

While COVID-19 has steadily increased the amount of force majeure litigation, certain industries—such as travel and real estate—have seen a disproportionate number of cases filed. The aviation and commercial real estate...more

A&O Shearman

Airlines and COVID-19: Hedging Considerations

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The ongoing events with COVID-19 and its impact on the travel industry have a number of potential implications for airlines’ derivative transactions....more

Vedder Price

Economic duress: will English law assist a party who enters into a contract as a result of a lawful threat of causing economic...

Vedder Price on

It is clear that English law permits a party to avoid a contract on the grounds of economic duress but there is some uncertainty as to the circumstance in which a contract may be avoided for economic duress. Requiring...more

Vedder Price

Global Transportation Finance Newsletter - September 2019

Vedder Price on

In This Issue – Economic duress: will English law assist a party who enters into a contract as a result of a lawful threat of causing economic harm? A Bird on the Ground is Worth One in the Sky: Lessons from ALC v. Far...more

Stinson LLP

The Good, the Bad and the Ugly in Texas Duel Between Lufthansa and Sabre

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The high plains of Texas set the stage for a dramatic standoff between Lufthansa German Airlines and global distribution service (GDS) giant Sabre Travel over Lufthansa's decision to impose an $18 surcharge on every ticket...more

Holland & Knight LLP

John Hoover Testifies for NBAA at IRS Hearing on Bonus Depreciation Regulations

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The Internal Revenue Service (IRS) held a hearing on Nov. 28, 2018, regarding its proposed bonus depreciation regulations. Holland & Knight Partner John Hoover testified on behalf of the National Business Aviation Association...more

Carlton Fields

Reservation Canceled! Court Strikes Class Allegations Against American Airlines

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The Northern District of Illinois recently granted defendant American Airlines’ motion to strike class allegations in a passenger’s breach of contract suit brought after American cancelled plaintiff’s flight reservation when...more

Holland & Knight LLP

Business Aviation Industry Should Take Note of Two Recent Tax Items

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The Internal Revenue Service (IRS) has released a Notice regarding the tax treatment of meals, and the National Business Aviation Association (NBAA) has submitted comments to the IRS regarding the proposed regulations on...more

Holland & Knight LLP

Are Lessors Responsible for Interference With Lessee Quiet Enjoyment Rights?

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In the course of an aircraft lease negotiation, the lessee will typically seek to ensure that the lessor provides an express covenant to the lessee that for so long as no default has occurred and is continuing under the...more

Holland & Knight LLP

Tenth Circuit Affirms Airline's Enforcement of Terms Regarding Nonrefundable Tickets

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In Martin v. United Airlines, Inc., __ Fed. App'x __, 2018 WL 992289 (10th Cir. Feb. 21, 2018), Oklahoma residents brought a putative class action asserting various breach of contract theories against the airline arising from...more

Benesch

Airline Passenger Mistreatment Claim Dismissed

Benesch on

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

Pillsbury Winthrop Shaw Pittman LLP

OEM Disclaimers Withstand Challenge in Helicopter Crash: Damage to helicopter from defective part constitutes excluded...

On July 2, 2015, the U.S. District Court for the Eastern District of New York issued a decision in City of New York v. Bell Helicopter Textron, Inc., 13 CV 6848 that left the plaintiff without any remedy against the...more

Holland & Knight LLP

Recent Rulings Find Preemption of State Law Claims and Enforce Airline Contracts of Carriage

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In the past few months, courts have issued several decisions favorable to the airlines finding preemption of various state law claims and rejecting breach of contract claims. The decisions address a variety of passenger...more

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