Searching Content indexed under Personal Injury by Holland & Knight ordered by Published Date Descending.
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FAA Reauthorization Act Confirms Pre-Emptive Effect Of Statute Protecting Aircraft Lessors
The FAA Reauthorization Act of 2018, enacted on Oct. 5, 2018,1 has clarified and confirmed the pre-emptive effect of the federal statute intended to shield ...
United States
6 Nov 2018
Texas Court: Service Of Process For Civil Suits Must Occur Within Statute Of Limitations
Or Plaintiff Must Demonstrate Diligence in Effecting Service of Process Soon After the Limitations Period Has Expired.
United States
23 Mar 2018
Rehearing Sought Of Sixth Circuit's Montreal Convention Holding On Recoverability Of Mental Injuries
Defendant-appellee Etihad Airways recently petitioned the U.S. Court of Appeals for the Sixth Circuit for panel rehearing and rehearing en banc of Doe v. Etihad Airways, P.J.S.C.,...
United States
26 Sep 2017
SCOTUS Continues To Limit The Exercise Of Specific Personal Jurisdiction
Three years after its decision in Walden v. Fiore,1 the U.S. Supreme Court issued another decision that continues its trend of limiting the exercise of specific personal jurisdiction over non-resident defendants.
United States
9 Aug 2017
Washington Supreme Court Finds No FAA Preemption Of State Product Liability Claims Relating To Aviation Safety
The Washington Supreme Court recently held that the Federal Aviation Act (FAA) and its regulations relating to aircraft engine fuel systems do not impliedly preempt state law product liability actions.
United States
14 Mar 2017
District Court Analyzes New York "Long Arm" Statute To Deny Jurisdiction For Flight Attendant's Personal Injury Claims
The plaintiff alleged that she sustained injuries during a flight from Boston to Washington, D.C. while attempting to store her emergency demonstration equipment in the compartment below one of two jump seats.
United States
6 Sep 2016
Courts Continue To Reaffirm Preemptive Effect Of Statute Protecting Aircraft Lessors
A U.S. District Court for the District of Hawaii decision reaffirmed the proposition that an owner, lessor or secured party not in actual possession or control of an aircraft is shielded from liability...
United States
25 Aug 2016
Court Reaffirms Preemptive Effect Of Statute Protecting Aircraft Lessors
49 U.S.C. §44112(b) provides that an owner, lessor, or secured party does not have liability for an aircraft accident when not in actual possession or control of the aircraft.
United States
21 May 2015
Court Rules On "Principal And Permanent Residence" Under MC Article 33
In personal injury or death cases, Article 33 of the Montreal Convention provides five jurisdictions in which an action against the airline can be brought.
United States
1 Apr 2015
No Article 17 Accident In Passenger Slip-And-Fall
In Vanderwall v. United Airlines, Inc., __ F. Supp. 3d __, 2015 WL 309094 (S.D. Fla. Jan. 26, 2015), a federal district court in Florida granted summary judgment to the airline dismissing personal injury claims by a passenger who slipped on a piece of translucent plastic wrap in the aisle during a flight from Houston to London.
United States
1 Apr 2015
Eleventh Circuit Affirms Dismissal Of Injury Claim In Airline Bumping Case
The Eleventh Circuit held that an airline's bumping of a passenger is not an Article 17 accident, particularly as "it is systematic, widely practiced, and widely known".
United States
1 Aug 2014
Aviation Defendants Contend With Challenges To Federal Jurisdiction
Defendants in an aviation-related personal injury lawsuit in state court will analyze potential jurisdictional bases to support removal to a more favorable federal forum.
United States
10 Jun 2014
Florida Supreme Court Limits Application Of The Economic Loss Rule To Product Liability Cases
Earlier today (March 7, 2013), the Florida Supreme Court published an important decision in Tiara Condominium Association, Inc., etc. v. Marsh & McLennan Companies, Inc., et al., No. SC10-1022 (March 7, 2013).
United States
8 Mar 2013
The Medicare, Medicaid, and SCHIP Extension Act of 2007: Medicare Gets Serious About Reimbursement in Personal Injury Liability Claims
Defendants, insurers, self-insureds and attorneys in personal injury litigation need to be aware of and comply with specific statutes and rules relating to Medicare in all cases involving plaintiffs who are Medicare beneficiaries or Medicare-eligible.
United States
17 May 2010
Florida Parental Pre-Injury Releases: Are They Worth The Paper They’re Written On?
On December 11, 2008, the Florida Supreme Court issued a ruling invalidating pre-injury releases signed by parents on behalf of their minor children when children are injured participating in commercial activities.
United States
15 May 2009
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