Aviation - Blogs
- Passenger ground delay case is trimmed but survives
Ray v. American Airlines, Inc. (W.D. Ark. Aug. 22, 2008). The passenger's December 2007 flight on American from Oakland to Dallas was diverted to Austin due to weather conditions. The passenger claims that she was confined to the aircraft in Austin against her will and that she endured "deplorable conditions" during the 11-hour ground delay. The [...]
(August 31, 2008) - FAA Suspends Auction of Flight Slot at Newark Airport
It is being reported by several news outlets that the FAA has suspended its auction of flight slots at Newark Airport. The auction was slated for September 3, 2008. According to Bloomberg News the Order, issued by FAA Chief Counsel, Kerry Long, stated that "[t]he protesters have demonstrated compelling reasons to maintain the status quo'' pending a study of their objections. This is just the latest in a series of events that all relate to the FAA's redesign of the airspace in the New Yor, New...
(August 28, 2008) - GAO Issues Report On The FAA's East Coast Airspace Redesign
The Government Accountability Office (GAO) has issued its long awaited "FAA Airspace Redesign: An Analysis of the New York/New Jersey/Pennsylvania Project." Although the GAO promised to publish the report by August 1, 2008, it waited until the same day the Petitioners in the Airspace Redesign litigation filed their opening brief to publish the Report. Although the GAO promised members of Congress to examine "to what extent did FAA follow key legal procedures and requirements in conducting its...
(August 28, 2008) - IALI in the News
Prof. Brian Havel, Director of the International Aviation Law Institute at DePaul University College of Law, was quoted in the August 15th edition of the Chicago Tribune's story on American Airlines (AA), British Airways (BA), and Iberia seeking to deepen...
(August 14, 2008) - FAA's Presumed to Conform Rule Will Affect Communities Around Airports
In February, 2007, almost as an after-thought, theFAA included changes to air traffic control procedures to its Presumed to Conform rule. This last minute addition has the potential to seriously impact communities around the airports where these changes to air traffic control procedures take place. Why will this obscure regulatory change affect communities? First, a little background on the subject will be helpful. Air quality and noise are the primary concerns of communities around airports....
(August 8, 2008) - GAO Testifies That The FAA's Congestion Management Program Will Have Limited Effect on Reducing ...
During July, the Government Accounting Office issued several reports regarding various aviation topics. One of the topics not covered was the East Coast Airspace Redesign, which was supposed to be issued at the end of July, but now probably will not be issued until the end of August. Of particular interest was the issuance, on July 15, 2008, of the testimony of Ms. Susan Fleming, the GAO Director of Physical Infrastructure, National Airspace System: DOT and FAA Actions Will Likely Have a...
(August 8, 2008) - Ninth Circuit again rejects passengers’ deep vein thrombosis arguments
Twardowski v. American Airlines, Inc. (9th Cir. (Cal.) July 30, 2008). The passengers in these consolidated appeals alleged that they had suffered injuries from deep vein thrombosis ("DVT") they had developed during flights for which they had bought tickets between 2001 and 2004. They alleged that the airlines were liable for such injuries because the [...]
(August 3, 2008) - FAA Issues "Written Re-Evaluation" of East Coast Airspace Redesign Record of ...
In a rather odd, unusual statement, the FAA issued on July 31, 2008, a "Record of Decision and Written Re-Evaluation of the New YorkNew JerseyPhiladelphia Metropolitan Area Airspace Redesign Final Environmental Impact Statement." In response to several requests for supplemental EIS to deal with the congestion management orders for JFK, LaGuardia and Newark, the FAA prepared the "Written-Re-Evaluation" "to consider whether these Orders Limiting Scheduled Operations and the new rates and charges...
(August 1, 2008) - Passenger unable to break Montreal Convention baggage liability limit
Bassam v. American Airlines (5th Cir. (La.) July 14, 2008). Four months after her international flight, American Airlines delivered the passenger's missing baggage to her. The passenger claimed that items were missing from the baggage, and she sued the airline in state court for over $5,000 for the value of the missing items. The airline [...]
(July 27, 2008) - Taxing for the Environment?
Over the past several months, the Aviation Law Blog has provided commentary on the ongoing legal battle over the so-called "environmental tax" the Dutch government has imposed on all flights departing the Netherlands. By imposing a â‚갑.25 fee (â‚걅 for...
(July 27, 2008) - Michael Levine Against Reregulation
Next week, Michael Levine, former General Director of International and Domestic Aviation at the now-defunct Civil Aeronautics Board, and now a senior researcher and lecturer at NYU School of Law, will address the International Aviation Club in Washington, D.C. on...
(July 25, 2008) - The CRS Effect in Europe
Last November, the European Commission issued a proposal to revise its decades-old "Code of Conduct" for Computerized Reservation Systems (CRS). When the Commission began its work on revising the CRS code back in 2002, some speculated that full liberalization of...
(July 17, 2008) - Court denies passenger recovery against airline for loss of itinerant robot head
Hanson v. America West Airlines, Inc. (C.D. Cal. Mar. 29, 2008). Sometimes the truth is stranger than fiction or even science fiction. The passenger in this case, a roboticist, sued the airline for the loss of "an artistically and scientifically valuable robotic head modeled after famous science fiction author Philip K. Dick." According to the [...]
(June 29, 2008) - Announcement: New LL.M. Program for International Aviation Law
Beginning in January 2009, DePaul University College of Law will launch its new Master of Laws (LL.M.) in International Law program. With concentrations in three key areas of global practice, including International Aviation Law & Policy, the DePaul international law...
(June 23, 2008) - United and Continental's New Alliance
Less than two months after merger negotiations were called off, Continental and United Airlines announced an alliance between the two which would allow for linking international networks, technology sharing, and honoring each other's passenger benefits. Under the new agreement, Continental...
(June 19, 2008) - The Alitalia Saga Continues
The airline industry's version of Nosferatu, Italy's Alitalia, is back in the spotlight following the opening of the European Commission's investigation into whether a â‚򬌀-million loan constitutes illegal state aid. This new source of lifeblood may keep the carrier animated,...
(June 16, 2008) - House Aviation Subcommittee Hears Testimony About the Air Traffic Controller Situation
Yesterday, June, 11, 2008, the House Aviation Subcommittee heard testimony (click on link for video the hearing) on a situation that is becoming more dire as every day passes - Air Traffic Controllers are retiring, leaving a dearth of qualified, trained controllers to take their places. The House Aviation Subcommittee convened the hearing to find out what can be done about the situation. First up in Panel 1, were the bureaucrats. Hank Krakowski from the FAA, Patrick Forrey from the National Air...
(June 11, 2008) - No Quick Fix
Just a week after Irish low-cost carrier Ryanair's CEO Michael O'Leary defiantly announced that it would risk its recent profit boost in the coming year by not raising prices in the face of soaring fuel costs, U.S. airlines are scrambling...
(June 11, 2008) - GAO Tells House Subcommittee That FAA Has Many Challenges Ahead of it In Its Effort to Hire Air ...
The Government Accountability Office published the testimony that Dr. Gerald Dilllingham gave to the House Subcommittee on Aviation regarding the FAA's efforts to hire and train more air traffic controllers. The Dr. Dillingham's testimony, entitled "FAA's Efforts to Hire, Staff and Train More Air Traffic Controllers Are Generally on Track, but Challenges Remain" addresses the FAA's efforts to hire and train nearly 17,000 controllers over the next decade to replace over 15,000 current...
(June 10, 2008) - Recent Court Decisions Regarding Aviation and Airport Development Law
Here are a few court decisions that have come down recently regarding aviation and airport development law: Nadal v. FAA, Case No. 08-9509 (10th Cir., April 30, 2008). Petitioner sought review of a NTSB order affirming the forty-day suspension of his pilot certificate. The court concluded that his petition for review was not timely filed and he did not show reasonable grounds for the failure, so it dismiss the petition for lack of jurisdiction. Clark County v. FAA, Case No. 06-1377 (D.C. Cir.,...
(June 4, 2008)