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  • Article

    Florida Court Of Appeals Reverses Denial Of Helicopter Manufacturer's Motion To Dismiss, In Suit Asserting Strict Liability And Negligence Claims, Due To Lack Of Personal Jurisdiction

    On April 4, 2019, a helicopter in flight to Sarasota, Florida suffered engine failure, forcing an emergency landing in a busy intersection.
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Massachusetts Federal Court Finds No Montreal Convention Accident

    Jennifer Moore commenced litigation against British Airways to recover for injuries sustained when she fell while disembarking an aircraft using a portable staircase.
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Southern District Of New York Applies The Montreal Convention To Grant Summary Judgment Dismissing Untimely Claim Against Carrier For Lost Luggage

    Pro se Plaintiff Aliou Barry filed suit against Royal Air Maroc ("RAM") in New York state court seeking damages for baggage lost by RAM during carriage from New York City to Cairo, Egypt.
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Supreme Court Holds That Consolidated Cases Retain Their Independence For Purposes Of Appeal

    In Hall, a trial court had consolidated two related cases, both involving a dispute between siblings.
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Fourth Circuit Allows Baltimore Police Department's Aircraft-Based Surveillance Program To Continue

    The AIR uses three small planes to provide aerial observation of 90% of the city, the results of which are used to track movement of individuals and suspects in the vicinity of a violent crime.
    United StatesPrivacy
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    A Picture Is Not Worth A Thousand Words When It Is The Sole Evidentiary Basis For Expert Opinion

    A New York federal district court excluded plaintiff's expert's opinions and granted summary judgment for the airline in De Larancuente v. American Airlines, Inc...
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    A Single Engine Certificate In The Hand Is Not Worth Two In The Insurance Policy

    While flying from Memphis to Tampa Bay, the pilot of the Skymaster had to make an off-field emergency landing, resulting in damage to the aircraft.
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Alaska Federal Court Finds Learned Intermediary And Sophisticated User Doctrines Largely Inapplicable To Passenger Claims Arising From Crash Of Modified Aircraft

    The U.S. District Court for the District of Alaska recently held that a manufacturer and installer of a short-field takeoff and landing kit could not assert the learned intermediary and...
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Cleared Direct To Philadelphia: Straightforward Application Of Federal Venue Transfer Statute Leads To Transfer Of Washington Action Directly To Pennsylvania

    A Washington federal judge granted an airline's motion to transfer an in-flight personal injury claim to Pennsylvania in Martin v. Am. Airlines, Inc.
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Federal Agency Publishes Best Practices For Drone Privacy

    On February 15, 2015, President Obama tasked the National Telecommunications & Information Administration ("NTIA") of the U.S. Department of Commerce with development of "best practices for privacy, accountability, and transparency issues regarding commercial and private UAS use in the National Airspace System."
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Fleet Policy Reformed To Exclude Coverage For Non-Owned Aircraft

    A New Jersey federal court recently reformed a fleet insurance policy to exclude coverage for non-owned aircraft based upon the doctrine of mutual mistake.
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Fourth Circuit Changes Course: Directs Preliminary Injunction To Prohibit Baltimore Police Department's Access To Aircraft-Based Surveillance Program Data

    The Fourth Circuit, sitting en banc, recently overturned a previously upheld denial of a preliminary injunction seeking to prohibit the Baltimore Police Department's ("BPD")...
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Greasing The Wheels Of Safety: NTSB Updates Regulations Governing Reports And Proceedings

    New regulations governing National Transportation Safety Board investigative hearings, meetings, reports and petitions for reconsideration are set to go into effect on January 25, 2016.
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Montana District Court Applies Ford Motor Company "Relating To" Test To Find Specific Personal Jurisdiction Over Foreign Helicopter Manufacturer

    A Montana federal district court has found contacts with the forum state merely "relating to" the cause of action are sufficient to support the exercise of specific personal jurisdiction over a foreign helicopter manufacturer.
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Pain And Suffering Damages Now Permitted In California Survival Actions

    California has now joined 45 other states, at least temporarily, in allowing pain and suffering damages in survival actions.
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Passengers Not Entitled To Recovery Under EU 261 In United States Courts

    While passengers are not able to pursue pure EU 261 claims in the U.S., they still may succeed with state court breach of contract claims against carriers based on flight delays or cancellations...
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Pennsylvania Supreme Court Finds Specific Personal Jurisdiction Over Foreign Manufacturer Whose Product Allegedly Caused Injuries To Foreign Plaintif

    The plaintiff in Hammons alleged serious injuries resulting from use of a medical device manufactured by Ethicon, one of the components of which was pelvic mesh.
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    The National Transportation Safety Board Seeks To Codify Role As Lead Investigator Of Commercial Space Accidents

    Under the proposed rule, the entity responsible for launching the commercial spaceflight must immediately notify the NTSB following an accident or incident.
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Third Circuit Interprets Tort Claims Act To Permit Suit Against TSA Agents In Their Individual Capacities

    A recent decision by the Third Circuit Court of Appeals provides airline travelers with an avenue of recourse for mistreatment at the hands of Transportation Security Officers (TSOs).
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Third Circuit Takes "Opportunity" To Warn Of Importance Of Following The Rules

    In Lehman Bros. Holdings Inc. v. Gateway Funding Diversified Mortgage Servs. LP, the Court of Appeals for the Third Circuit issued a warning about failures of parties and their counsel to follow the appellate rules.
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP

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