Category Archives: Litigation

FAA Can Require Helicopters to Fly the North Route Along Long Island, D.C. Circuit Holds

On Friday, July 12, 2013, the U.S. Court of Appeals for the D.C. Circuit held that the Federal Aviation Administration could require that helicopters use a route one mile off the north shore of Long Island for the purpose of … Continue reading

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DOT Secretary Says All 149 Contract Towers Can Stay Open Through September 2013

Secretary of Transportation, Ray LaHood, just announced that the Federal Aviation Administration will provide funding for the 149 contract Air Traffic Control Towers that were slated for closure as a result of the sequester will remain open at least through … Continue reading

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Pittsfield Charter Township and Committee For Preserving Community Quality, Inc. File Petition with Secretary of Transportation Demanding an End to Funding for Runway Extension at Ann Arbor Municipal Airport

On January 28, 2013, Pittsfield Charter Township, Michigan, and Committee for Preserving Community Quality, Inc., filed a Petition with the U.S. Secretary of Transportation demanding an end to federal funding of an extension of the main runway at Ann Arbor … Continue reading

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Court of Justice of the European Union Requires Compensation for Volcano Cancelled Flights

The Court of Justice of the European Union has delivered its final judgment in Case C-12/11, Denise McDonagh v Ryanair Ltd.  Full text of CJEU decision available here.  As was expected, the Court largely followed the opinion provided by Advocate … Continue reading

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FAA Proposes Civil Penalties Against Pinnacle Airlines and Trans States Airlines Totaling $908,000

On Monday, January 7, 2013, the Federal Aviation Administration stated that it has proposed to seek $908,000 in civil penalties against Memphis, Tennessee’s Pinnacle Airlines and Bridgeton, Missouri’s Trans States Airlines. The FAA said that it would seek $633,000 in … Continue reading

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Third Circuit Ruling in Tinicum Township v. DOT Reveals Futility of Relying Solely on NEPA as a Method of Attacking Airport Expansion

  On July 6, 2012, the U.S Court of Appeals for the Third Circuit denied Tinicum Township, Pennsylvania’s Petition for Review of the Federal Aviation Administration’s approval of the expansion of Philadelphia International Airport. The western edge of PHL is … Continue reading

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Age and Sex Discrimination Disputes Top New Aviation Cases

Labor disputes top two recent decisions, one from a U.S. Court of Appeals case and one from a U.S. District Court, that involve aviation. Bondurant et al. v. Air Line Pilots Association et al., Case No. 10-1904 (6th Cir. May … Continue reading

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California State Tort Law Is Not Pre-Empted By Federal Aviation Regulations, U.S. District Court in California Holds

For the third time in just over a month, a court has ruled on whether state law is pre-empted by federal law concerning aviation.  This time, the U.S. District Court for the Eastern District of California held in two separate … Continue reading

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New York State Tort Claims Pre-Empted By Airline Deregulation Act, U.S. District Court In New York Concludes

The U.S. District Court for the Northern District of New York in Moffit v. JetBlue Airways Corp. that the Federal Aviation Act, as amended by Airline Deregulation Act, pre-empted the plaintiffs’ state tort claims for being stranded on an airplane for … Continue reading

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Airline Required To Provide Care for Passenger Stranded by Eruption of Volcano, European Court of Justice Says

When Iceland’s Eyjafjallajökull volcano erupted in April 2010, many air passengers were stranded all over Europe.  Denise McDonagh was one of those air passengers.  On March 22, 2012, in Denise McDonagh v Ryanair Ltd.in Case C-12/11, Advocate General Yves Bot of the Court of Justice for the European … Continue reading

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