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1
Western District Of Washington Finds No Specific Personal Jurisdiction Over MDHI In Connection With Helicopter Crash In Washington State
This action arose from a July 22, 2014 non-fatal crash of an MDHI Model 369D helicopter near Oso, Washington.
United States
19 Sep 2019
2
Waiver Of Personal Jurisdiction Defense Can Undermine Motion To Dismiss For Improper Venue
As a result, American was deemed to reside in the Northern District of California for venue purposes.
United States
19 Sep 2019
3
Illinois Appellate Court Grants Summary Judgment To Insurer Based On Insured's Noncompliance With Pilot Warranty Endorsement
Performance further argued that the annual simulator school training required by the Second Warranty Part could occur after the Loss.
United States
19 Sep 2019
4
New Mexico Court Of Appeals Reverses Trial Court And Holds That The Federal Aviation Administration Authorization Act Did Not Preempt Plaintiffs' Negligence Claim
The court also found persuasive the FAAAA's language requiring motor carriers to have liability insurance to pay for damages resulting from negligence.
United States
19 Sep 2019
5
District Court: Pennsylvania's Foreign Corporation Registration Statute Unconstitutional
In Sullivan v. A.W. Chesterton, Inc. (In re Asbestos Products Liability Litigation (No. VI)), 384 F. Supp. 3d 532, Judge Robreno broke from his colleagues in the Eastern District of Pennsylvania and ruled that ...
United States
19 Sep 2019
6
Universities And Sports Betting: New Hampshire Federal Court Sets Aside 2019 DOJ Opinion On The Wire Act
Earlier this year, the Department of Justice issued a memorandum opinion that effectively reversed the DOJ's 2011 guidance and advised federal prosecutors that the Wire Act's prohibition against interstate gambling ...
United States
13 Aug 2019
7
UPDATE: PA Justices To Consider No-Hire Agreements Between Businesses
The Pennsylvania Supreme Court will now address the question, "Are contractual no-hire provisions which are part of a services contract between sophisticated business entities enforceable under the law of this Commonwealth?"
United States
7 Aug 2019
8
Practical Implications Of The Supreme Court's Decision Requiring Final Copyright Office Action Prior To Infringement Lawsuits
In Fourth Estate Public Benefit Corp. v. Wall-Street.com, the U.S. Supreme Court recently clarified the rules for the prerequisites to filing copyright infringement lawsuits, which also raises questions about the practical impact ...
United States
25 Jun 2019
9
Universities And Sports Betting: The Impact Of The January 2019 DOJ Memorandum In Light Of Murphy v. NCAA
The federal rules for sports betting have been radically changed and then left in disarray. First, the Supreme Court's Murphy decision in May 2018 ceded regulation of sports gambling to the individual states.
United States
30 May 2019
10
Torturing Insurance Policy Language To Find Ambiguity
Barlow argued the policy was ambiguous and that stacking should be allowed.
United States
3 Apr 2019
11
Tenth Circuit Affirms Summary Judgment In Premier 390 Accident Litigation After Plaintiffs' Expert Testimony Excluded
The trial court agreed with Beech and Hawker, and excluded most of the opinions of all four experts.
United States
3 Apr 2019
12
Third Circuit Affirms Ruling That General Aviation Revitalization Act ("GARA") Does Not Shield Continental Motors From Liability
In 2010, Daniel Snider died after the aircraft in which he was a passenger crashed due to an engine failure.
United States
3 Apr 2019
13
High Court In California Applies Broad Interpretation Of Personal Jurisdiction While New York Appellate Court Applies Narrower One
Plaintiffs alleged that An's death from pulmonary fibrosis was due to her long-term and frequent use of the cleaning agent.
United States
2 Apr 2019
14
Is Pennsylvania's Pro-Plaintiff Perspective on Personal Jurisdiction Poised For (Re)Positioning?
Re-argument is expected in the Spring, with a decision some time later this year.
United States
2 Apr 2019
15
Texas Court Betrays Supreme Court Precedent In Finding Specific Personal Jurisdiction Over Cessna Aircraft Co.
The court based its decision on a "stream of commerce" theory and Cessna's relationship with third parties, which contravenes recent Supreme Court precedent.
United States
2 Apr 2019
16
Federal District Court Of Massachusetts Applies Montreal Convention To Claim Alleging That Airline Personnel Escorted Passenger Off Of Aircraft And Through Terminal
A federal trial court in Massachusetts held that the Montreal Convention governs a passenger's claim against an airline that detained him on the aircraft and then escorted him through the terminal because the entire incident ...
United States
1 Apr 2019
17
Texas Supreme Court Holds ADA Does Not Preempt Lufthansa's Tortious Interference Claims Against Sabre
The Supreme Court of Texas recently held in Sabre Travel International, Ltd. v. Deutsche Lufthansa AG that Lufthansa's tortious interference with contract claim against Sabre was not preempted by the Airline Deregulation Act.
United States
1 Apr 2019
18
Supreme Court To Decide Whether Federal Agency Rejection Of Proposed Warnings Preempts State Law Claims
The Supreme Court recently heard oral argument in Merck, Sharp & Dohme Corp. v. Albrecht, a case that may foreshadow the Court's position on whether aviation manufacturers may claim FAA preemption in the face of state law claims.
United States
1 Apr 2019
19
Third Circuit: A Business Whose Reason For Existence Is Obtaining Payment On Debts Is A Debt Collector Under The FDCPA
The purchase and sale of debt was not a common practice at the time Congress enacted the Fair Debt Collection Practices Act ("FDCPA") and the Third Circuit has observed that that ...
United States
18 Mar 2019
20
Internal Investigations: Five Tangible Benefits Of Responding Promptly And Decisively To Reports Of Misconduct
These proactive steps enable leaders to mount more appropriate and forceful defenses.
United States
11 Jan 2019
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