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Aviation Law Blog

Welcome to the Holland & Knight Aviation Law Blog, featuring news and analysis related to aviation litigation, finance and regulation.

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In a significant decision for the air ambulance industry, the U.S. Court of Appeals for the Eleventh Circuit held that the Airline Deregulation Act (ADA) pre-empts enforcement of a Florida law limiting an air ambulance operator's ability to collect unpaid amounts on its invoices. The decision, Bailey v. Rocky Mountain Holdings LLC, affirms the district court’s dismissal of a proposed class action against the operator.
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May 24, 2018
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On May 8, President Donald Trump announced that the United States is withdrawing from the multilateral nuclear accord with Iran known as the Joint Comprehensive Plan of Action (JCPOA). The U.S. will reimpose sanctions suspended under the JCPOA subject to certain 90-day and 180-day wind-down periods. Further, the U.S. Treasury Department Office of Foreign Assets Control (OFAC) will withdraw certain authorizations granted as part of the JCPOA.
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May 10, 2018
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In the course of an aircraft lease negotiation, the lessee will typically seek to ensure that the lessor provides an express covenant to the lessee that for so long as no default has occurred and is continuing under the lease, the lessor will not disturb the lessee’s quiet use, possession and enjoyment of the aircraft. Some lessee’s go further and press for lessor to covenant as to itself as well as any person claiming through the lessor (such as the lessor’s financier, the owner – if different from the lessor – or an assignee or transferee of the lessor).
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May 3, 2018
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At CAPA's 2018 Americas Aviation Summit in Houston, Aviation attorney Anita Mosner moderated panel on rethinking United States foreign ownership rules for domestic airlines.
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May 2, 2018
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Once the airplane leaves the gate, it's too late to try to get on board. And once the Federal Aviation Administration (FAA) issues a Record of Decision about new departure procedures, you have only a short time to petition for review.
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March 28, 2018
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The U.S. Court of Appeals for the District of Columbia Circuit recently upheld a Federal Aviation Administration (FAA) decision to publish an airworthiness directive ordering the removal of certain cylinder assemblies used in piston engines.
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March 20, 2018
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In Martin v. United Airlines, Inc., __ Fed. App'x __, 2018 WL 992289 (10th Cir. Feb. 21, 2018), Oklahoma residents brought a putative class action asserting various breach of contract theories against the airline arising from their inability to rebook their nonrefundable tickets after they canceled their flight reservations.
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March 19, 2018
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On Dec. 12, 2017 President Trump signed into law the National Defense Authorization Act for Fiscal Year 2018 (NDAA), authorizing appropriations for various military and national defense programs. The NDAA also contained two key provisions regarding unmanned aircraft systems, or drones, worthy of note.
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December 14, 2017
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Safety-sensitive transportation workers in the aviation, trucking, rail, transit and pipeline industries, as well as certain U.S. Coast Guard employees, are required to submit to random drug testing under federal law. Starting on Jan. 1, 2018, these employees will also be tested for hydrocodone, hydromorphone, oxymorphone and oxycodone, according to a final rule issued by the U.S. Department of Transportation (DOT). Drugs containing these semi-synthetic opioids include Vicodin, OxyContin, Lortab, Norco, Percocet and Dilaudid. The DOT rule mirrors testing required by the U.S. Department of Health and Human Services.
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December 8, 2017
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Twenty-two Holland & Knight transportation attorneys have been ranked among the leading practitioners in the world in aviation and shipping law by Law Business Research Limited as part of its Who’s Who Legal Awards program for 2018.
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November 28, 2017
The U.S. Department of Transportation (DOT) and Federal Aviation Administration (FAA) on Nov. 2, 2017, fulfilled President Donald Trump's directive, issued in a Presidential Memorandum on Oct. 25, 2017, to launch a three-year Unmanned Aircraft Systems (UAS, or drone) Integration Pilot Program. The program is designed to safely test innovative small UAS operations in partnership with state, local and tribal jurisdictions, and generate data for future UAS policy and rulemaking.
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The White House issued a Presidential Memorandum on Oct. 25, 2017, directing the U.S. Department of Transportation (DOT) and Federal Aviation Administration (FAA) to launch a three-year Unmanned Aircraft Systems (UAS) Integration Pilot Program, which the FAA states is designed to "safely test and validate advanced operations for drones in partnership" with what the Memorandum called "a select number of State, local and tribal jurisdictions."
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When the Federal Aviation Administration (FAA) issues a pre-emptive press release ahead of a National Transportation Safety Board (NTSB) board meeting, it is a recognition that the NTSB is planning to hold the FAA's feet to the fire.
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October 17, 2017
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The U.S. Court of Appeals for the Sixth Circuit denied the airline's petition for rehearing and rehearing en banc in Doe v. Etihad Airways, P.J.S.C.
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October 12, 2017
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By 2021, it is likely that LIBOR will no longer exist, and even more likely that it will no longer be the leading global benchmark interest rate.
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October 9, 2017
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On September 21, a federal court for the first time struck down local ordinance attempting to regulate the operation of unmanned aircraft systems (“UAS” or “drones”) within its jurisdiction.
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September 27, 2017
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Attorneys Anita Mosner, Richard Furey, Judy Nemsick, Jim Rodriguez and Jennifer Nowak cover various topics in the aviation industry in Lexology's Aviation Navigator.
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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., a decision by a panel of that court that departed from well-established treaty precedent to hold it is not necessary for mental injuries to flow from the passenger's physical injury in order to be recoverable under the Montreal Convention (MC).
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September 19, 2017
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The Southern District of New York has confirmed that when the trustee of a non-citizen aircraft trust brings suit in its own name, the citizenship of that trustee may be used to establish diversity jurisdiction in federal court.
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August 14, 2017
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