47 results for 'cat:"Aviation"'.
J. Finnegan partially grants the airline's motion to compel discovery in this case over whether the airline engaged in discriminatory practices by preferring people of Emirati descent in its employment decisions. The employee is compelled to produce a number of audio recordings, and the associated metadata, of her and other airline employees' conversations.
Court: USDC Northern District of Illinois, Judge: Finnegan, Filed On: September 12, 2023, Case #: 1:21cv1, NOS: Employment - Civil Rights, Categories: Discovery, Employment Discrimination, aviation
J. Leinenweber denies a Mexican airline's motion for summary judgment on multiple negligence cases, each brought by a survivor of a 2018 airplane crash. The survivors, all of whom were headed from Durango to Chicago, allege suffering multiple physical and emotional injuries when the airline's plane crashed shortly after takeoff. The court finds there are still factual disputes over the causes of these injuries, making summary judgment inappropriate.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: September 6, 2023, Case #: 1:19cv118, NOS: Airplane - Torts - Personal Injury, Categories: Negligence, Emotional Distress, aviation
J. Branch finds that the district court properly ruled in favor of the government in a negligence action brought by estate representatives alleging that the actions of air traffic controllers caused the deaths of student pilots and passengers on two airplanes which collided mid-air. The district court correctly found that the air traffic controllers did not owe or breach any duty of care to the pilots because the planes were outside the air traffic control tower's airspace. Affirmed.
Court: 11th Circuit, Judge: Branch, Filed On: August 18, 2023, Case #: 22-12316, Categories: Negligence, aviation
J. Smith finds the district court improperly entered summary judgment in favor of the airline in this suit brought by passengers whose flight was cancelled because the flight attendant alerted the crew to her concerns over the “Arab-looking” passengers, who were U.S. citizens. The passenger “preemptively agree[d] to assist in an emergency” before the flight attendant iterated exit row instructions, being that he was a frequent flyer and knew the instructions. His travelling partner, a first-class passenger, was the last to board the plane, which the crew found unusual being that first-class passengers usually board first. Another passenger complained and the pilot delayed takeoff until the flight was cancelled, rebooking all passengers on another flight. That certain conversations between the crew and other passengers entered into evidence indicated that race was a significant issue prior to any suspicious activity, and that those activities could equally be interpreted as being non-suspicious creates a genuine dispute of material fact. Reversed and remanded.
Court: 5th Circuit, Judge: Smith, Filed On: August 16, 2023, Case #: 22-10686, Categories: Civil Rights, Equal Protection, aviation
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J. Lee finds that the lower court properly found for the insurer in a dispute over coverage for an airplane crash. The policy unambiguously excludes coverage for any accident involving the subject aircraft where the pilot lacks a current Federal Aviation Administration medical certificate. Affirmed.
Court: 7th Circuit, Judge: Lee, Filed On: August 9, 2023, Case #: 22-3053, Categories: Insurance, aviation
[Consolidated.] J. Rao denies the states' and nonprofits' petition for review of the Environmental Protection Agency's Aircraft Rule, which regulates domestic aircraft emissions standards. The EPA has the authority to adopt the rule, which aligns with the standards set by the International Civil Aviation Organization, and the agency sufficiently explained its decision.
Court: DC Circuit, Judge: Rao, Filed On: June 30, 2023, Case #: 21-1018 , Categories: Environment, aviation
J. Tatel upholds the district court's determination regarding withheld information in a group's Freedom of Information Act case, in which it sought records the Federal Aviation Administration relied upon during its recertification of Boeing 737 MAX airplanes following two fatal crashes. The FAA sufficiently supported its decision to withhold certain records under exemption 4. Affirmed.
Court: DC Circuit, Judge: Tatel, Filed On: June 30, 2023, Case #: 21-5257 , Categories: Public Record, aviation
J. Brown finds in favor of the owner of a vintage 1930 Brunner-Winkle Bird aircraft on all claims stemming from an accident in which the litigant’s arm was almost severed while hand-propping the aircraft’s engine. The court finds the litigant had knowingly assumed a level of risk due to his extensive experience as an aircraft mechanic and vintage aircraft enthusiast and that, by his own admission, there was nothing the owner, who was operating the aircraft at the time, could have done differently that would have prevented the accident.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: June 6, 2023, Case #: 2:21cv2292, NOS: Airplane - Torts - Personal Injury, Categories: Tort, Negligence, aviation
J. Liman finds in favor of the FAA in an action brought by the air traffic controller arising after the FAA withheld records under FOIA exemptions. The records were related to the FAA's decision to realign responsibility for the Newark sector airspace from the New York Terminal Radar Approach Control Facility to the Philadelphia Air Traffic Control Tower due to staffing shortfalls. The air traffic controller also requested records related to communications between the FAA and the NATCA labor union. The FAA established that the information which was withheld is commercial or financial in nature and that disclosure of the NATCA's proposals and negotiating positions would cause foreseeable commercial harm and undermine the union's future collective bargaining efforts. The air traffic controller failed to exhaust his administrative remedies in challenging the withholdings and therefore cannot claim that the FAA's search was inadequate. Evidence shows that the search was adequate.
Court: USDC Southern District of New York, Judge: Liman, Filed On: June 2, 2023, Case #: 1:22cv44, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: aviation
J. Casper denies, in part, an airline's motion to dismiss a group of pilots' claims pertaining to an employment contract that required them to repay $30,000 if they failed to work for the airline for 12 to 18 months as captain for the investment the company allegedly put into their training. The contract and unjust enrichment claims are not preempted by a collective bargaining agreement, and the pilots have adequately pleaded their claims for federal and state labor violations, violations of the Trafficking Victims Protection Act and state civil rights violations.
Court: USDC Massachusetts, Judge: Casper, Filed On: May 22, 2023, Case #: 1:22cv10649, NOS: Fair Labor Standards Act - Labor, Categories: Civil Rights, Labor, aviation
J. Sorokin grants the government's motion for a preliminary injunction in its antitrust case against the partnership between American Airlines and JetBlue. The government, along with several states, commonwealths and the District of Columbia, has shown the "'unprecedented'" partnership between the airlines, the Northeast Alliance, allowed them to "transform[] themselves from competitors to collaborators" and violates the Sherman Act.
Court: USDC Massachusetts, Judge: Sorokin, Filed On: May 19, 2023, Case #: 1:21cv11558, NOS: Antitrust - Other Suits, Categories: Antitrust, aviation