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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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Since 1 January 2019, a two-year pilot scheme relating to disclosure has applied to new and existing proceedings in certain divisions of the High Court of England & Wales including, notably, the Commercial Court, which handles complex national and international business disputes, including aviation-related disputes.
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In a new Interim Final Rule (IFR) published on Wednesday, the Federal Aviation Administration (FAA) requires each unmanned aircraft (UA) to display its registration number on the exterior of the aircraft effective Feb. 25, 2019. FAA cited security concerns as a basis for moving directly to a final rule.
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February 14, 2019
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In Garcia v Aerovias de Mexico, S. A.,1 the district court remanded all but two actions among 14 that had been removed to federal court on diversity of jurisdiction and federal question grounds. The cases arose from the failed takeoff and crash of Aeromexico Flight 2431 from Durango International Airport to Mexico City. Several Illinois residents were on the flight and sued defendants in federal and state courts in Illinois. Following removal of the state court cases, the court consolidated all of the cases on its docket. Thereafter, those Plaintiffs who had initially sued in state court filed a joint motion to remand.
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January 31, 2019
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President Trump has made the reduction of federal regulation in the marketplace a centerpiece of his campaign and administration. While numerous efforts to review existing aviation regulations are underway, the newly-signed FAA Reauthorization Act of 2018 (Public Law 115-254), which reauthorizes funding of the Federal Aviation Administration through Sept. 30, 2023, contains several provisions which indicate that Congress remains deeply invested in the issue of airline passenger rights.
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This is the first in a series of Holland & Knight alerts about the new Cybersecurity Roadmap announced by the Transportation Security Administration (TSA) on Dec. 4, 2018. The Roadmap covers other transportation sectors as well.
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December 10, 2018
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On Nov. 21, 2018, multidistrict litigation (MDL) Judge Ketanji Brown Jackson dismissed all pending wrongful death cases arising from the disappearance of Flight MH370 on forum non conveniens (FNC) grounds. The court concluded that Malaysia was an adequate and available forum for the cases and that a balancing of the private and public interest factors weighed in favor of Malaysia as the more convenient forum. Although Boeing and a few U.S. plaintiffs and passengers were parties in the MDL cases, the court was "hard-pressed" to find that the interests of the U.S. outweighed "what is, at its core, a Malaysian tragedy."
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November 30, 2018
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The FAA Reauthorization Act of 2018, enacted on Oct. 5, 2018, has clarified and confirmed the pre-emptive effect of the federal statute intended to shield from liability owners, lessors and secured parties not in operational control of an aircraft for injuries to persons on board an accident aircraft. This clarification comes by way of an amendment to the federal statute, 49 U.S.C. §44112(b).
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Holland & Knight recently advised a client in connection with the purchase of an Airbus A320-200 aircraft registered in Jordan. With a timeframe of just over 10 months from receiving the first draft of the novation agreement to close, several issues that almost led to the deal being scrapped completely and a minor panic that the financing availability end date would pass before we transferred title, this was a deal that kept on giving.
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October 29, 2018
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On Oct. 5, 2018, President Trump signed into law the FAA Reauthorization Act of 2018 (Public Law 115-254), which reauthorizes funding of the FAA through Sept. 30, 2023. This is the first long-term FAA reauthorization since 2012 that has been signed into law. The new reauthorization takes significant steps forward in the continuing integration of unmanned aircraft systems (UAS), or drones, into the national airspace.
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The U.S. Courts of Appeals for the Eighth and Tenth Circuits recently affirmed district court opinions holding that the Airline Deregulation Act (ADA) preempted state law claims that challenged prices charged by air ambulance service providers. They join a growing number of federal courts that have similarly found preemption of state statutory and common laws affecting air ambulance operators' prices and services.
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October 15, 2018
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On Sept. 17, 2018, the U.S. Department of Transportation (DOT) completed its rulemaking on air charter brokers, after it had been pending for five years. The Final Rule, which becomes effective on Feb. 14, 2019, creates a new class of indirect air carrier able to hold out and contract for planeload single-entity charters as a principal. Thus, entities wishing to arrange for such transportation have the ability to do so without worrying about crossing the line into offering unauthorized air transportation.
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October 5, 2018
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Holland & Knight’s Aircraft Finance Team has partnered with SMBC Aviation Capital Limited to co-direct and participate in Euromoney’s Latin America School of Aviation Finance Sept. 11-12 in Mexico City.
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September 10, 2018
Effective immediately, the Illinois General Assembly has pre-empted all Illinois municipalities other than Chicago, including home rule municipalities, from regulating "unmanned aircraft systems," commonly referred to as "drones."
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August 9, 2018
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The U.S. District Court for the Southern District of New York recently addressed a novel question concerning inspection costs under the Montreal Convention (MC). In Indemnity Ins. Co. of N. Am. v. Agility Logistics Corp., plaintiff, the insurer-subrogee, sued defendant to recover the cost of an aircraft engine inspection that ultimately revealed no transport-related physical damage to the engine.
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July 24, 2018
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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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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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