Condon & Forsyth LLP attorneys regularly host seminars for our clients and often participate in events sponsored by bar associations and industry groups.  The Firm also publishes a monthly newsletter covering aviation and insurance law as well as other legal issues.

For complimentary copies of any of our articles, presentations or newsletters presented here, please e-mail us.





Client Bulletins:
  • April 2008 - Kentucky Judge Denies Protective Order For Pilot Safety Reports In Comair Suit.   

  • March Alert 2008 - Appeals Court Overturns New York "Passenger Bill of Rights" Act   

  • March 2008 - Class Action Lawsuits Against Two Foreign Airlines for Improper Collection of Taxes Dismissed on Preemption Grounds   

  • February 2008 - First Circuit Agrees with Pilot that Passenger Posed a Safety Risk and Removal and Subsequent Denied Re-Booking Justified   

  • January 2008 - Second Circuit Court of Appeals Summarily Affirms District Court's Decision Dismissing Antitrust Claims Against Carrier Following Termination of Travel Agent's Volume Override Commission Agreement   

  • December 2007 - Real Estate Update: Office Relocation   

  • November 2007 - Avoiding Workplace Litigation After Ledbetter v. Goodyear Tire & Rubber Co., Inc.   

  • October 2007 - New IATA Air Waybill Conditions of Contract To Take Effect On March 17, 2008   

  • September 2007 - Illinois Federal Court Finds That Foreign Sovereign Immunities Act Precludes Suits In United States Against Peruvian Airline For Damages Arising From 2005 Accident   

  • August 2007 - New York Becomes First State to Enact Passenger Bill of Rights   

  • July 2007 - An Update on EC Regulation 261/2004: Rules on Compensation and Assistance to Passengers for Cancellation or Long Delay of Flights and Denied Boarding   

  • June 2007 - New York's Passenger Bill of Rights   

  • May 2007 - Aviation Accident Cases: Where to Litigate - Federal vs. State Court   

  • April 2007 - The Airline's Emergency Response: Keeping Your Family Assistance Plan Up-To-Date   

  • March 2007 - Denied Boarding - Striking A Balance Between Security and Civil Rights  

  • February 2007 - A Bill Of Rights For Airline Passengers  

  • January 2007 - DOT Cracking Down On Deceptive Advertising Of Airline Fares  

  • December 2006 - Application Of The E-Discovery Amendments To The Federal Rules Of Civil Procedure: Could They Retroactively Apply To Actions Pending Before The Amendments Went Into Effect?   

  • November 2006 - New York Federal Court Expands Definition Of “Dependents” In Allowing Recovery For Non-Pecuniary Damages Under DOHSA   

  • October 2006 - Antitrust Claims Dismissed Against Carrier Following Termination Of Travel Agent's Volume Override Commission Agreement   

  • September 2006 - Ninth Circuit Holds Release Used In Reduction in Force Program Is Unenforceable   

  • August 2006 - Failure To Warn Of DVT Risks Is Not An "Accident" Under The Warsaw Convention   

  • July 2006 - E-Discovery In The Future: Impending Changes To The Federal Rules Of Civil Procedure   

  • June 2006 - Service Animals In The Cabin   

  • May 2006 - Preventing a Discrimination Claim is Easier than Defending One...   

  • April 2006 - New International Treaty Affecting Leasing Of Aircraft And Engines Now In Effect (The Cape Town Convention)  

  • March 2006 - Claim For Deep Vein Thrombosis (DVT) Is Not Compensable Accident Under Warsaw Convention   

  • February 2006 - Price Fixing Probe Results In Raids On Airline Offices  

  • January 2006 - Who You Gonna Call?...New In-Flight Passenger Regulations on the Horizon  

  • December 2005 - New York Court Clarifies Damages Recoverable In Bumping Case  

  • November 2005 - Foreign Airlines and Ownership of Real Property in the United States: Sell or Swap  

  • October 2005 - ATA Proposes New Agreement to Extend Provisions of Montreal Convention to All International Transportation   

  • September 2005 - Employers Take Note: General Release Is Not Enough To Waive Rights Under FLMA Says Fourth Circuit   

  • August 2005 - Payment of Special Occupational Tax by Airline Lounge Operators Serving Alcohol is Suspended Through June 30, 2008   







Newsletters: 2007-2008
  • Special Edition February 2008 - Long-Anticipated Decision in Texas on Insurability of Punitive Damages   

  • Winter 2008 - Attempts by Plaintiffs to Defeat Forum Non Conveniens Motions by Alleging Aircraft Owner or Lessor Liability   

  • Fall 2007 - Recent DVT Litigation   

  • Summer 2007 - Recent Cases Interpreting the Montreal Convention   

  • Spring 2007 - Expert Witnesses In U.S. Federal Court Complex Litigation   

  • January/February 2007 - The Warsaw/Montreal Roundup: Significant 2006 Decisions  




Newsletters: 2006
  • September/October 2006 - The Montreal and Warsaw Conventions: International Legal Liability Then and Now  

  • June/July 2006 - Developments In Hazardous Materials Transportation and Recent Development In Treaty Preemption Caselaw  

  • May 2006 - Four Years After Enactment Of The Aviation and Transportation Security Act: A Report Card and Update On Aviation Security  

  • January/February 2006 - Warsaw Convention Roundup - 2005  




Newsletters: 2005


  • November/December 2005 - International Air Transportation  

    • Defendants Victorious In Dismissing Swiss Midair Aircraft Accident Case from the United States on Forum Non Conveniens in Faat v. Honeywell Int'l
    • Theft of Pharmaceuticals in Brazil Governed by American Law


  • September/October 2005 - Air Carrier Access Act  

    • United States Department of Transportation Issues Proposed Regulations Relating to Applicability of ACAA to Foreign Air Carriers
    • Proposal for a regulation of the European Parliament and of the Council concerning the rights of persons with reduced mobility when traveling by air


  • July 2005 - Economic Loss Rule  

    • Eighth Circuit Court of Appeals Affirms Decision to Exclude Expert Witness and Grant Summary Judgment in Defective Product Case in Unrein v. Timesavers, Inc.
    • Summary Judgment Affirmed in Defective Copier Case After Expert Witness Reports Fail to Comply With Standards Required Under Daubert in Fireman's Fund Ins. Co.


  • June 2005 - Forum Non Conveniens   

    • Flash Airlines Crash Cases Dismissed in Gambra v. International Lease Finance Corp.


  • May 2005 - Economic Loss Rule  

    • California Supreme Court Holds Economic Loss Rule Inapplicable to Fraud Claims In Robinson Helicopter Co., Inc. v. Dana Corp.
    • Florida Supreme Court Holds Economic Loss Rule Inapplicable to Aircraft Owner's Action Against Service Company Not In Contractual Privity In Indemnity Ins. Co. of N. Am. v. American Aviation, Inc.


  • April 2005 - DVT Multidistrict Litigation   

    • Summary Judgment Granted To Boeing On Product Liability and Negligence Claims In In Re: Deep Vein Thrombosis Litigation
    • Defective Seat Tracking Theory
    • Marketing Enterprise Theory
    • Alleged Duty to Warn Airlines
    • Alleged Duty to Warn Passengers
    • Airline Defendants' Joint Motion to Dismiss Cases Involving Domestic Transportation Granted In In Re: Deep Vein Thrombosis Litigation
    • Defective Seating Configuration
    • Failure to Warn
    • MDL Court Defines Scope of Discovery In Warsaw Convention Cases In In Re: Deep Vein Thrombosis Litigation


  • March 2005 - Insurance Coverage  

    • Recent Decision By California Court Of Appeal Provides The Next Chapter On The Absolute Pollution Exclusion As Interpreted By The U.S. Courts In Garamendi v. Golden Eagle Ins. Co.


  • February 2005 - Warsaw Convention  

    • U.S. Court Honors Swiss Court Bankruptcy Stay In Djordjevic v. Swissair Transport Co., Ltd.
    • Alliance Partner Held Not Liable For Actual Carrier's Actions Under Common Law Or The Convention In Orova v. Northwest Airlines, Inc.
    • Denied Boarding Claims Arising Out Of Security Problems With Passport Held Governed By Article 19 In Ikekpeazu v. Air France
    • Breach Of Contract Claim For Alleged Nonperformance Held Preempted By Warsaw Convention In Paradis v. Ghana Airways Ltd.
    • Claims Of Inadequate Flight Scheduling Held Not Covered By Article 19 In Flamenbaum v. Orient Lines, Inc.


  • January 2005 - Warsaw Convention  

    • Ninth Circuit Holds That Passenger's DVT Was Not Caused By An Article 17 Accident In Rodriguez v. Ansett Australia Ltd.
    • Summary Judgment Granted In Part As To Whether Carrier Took "All Necessary Measures" In Lee v. American Airlines
    • Court Denies Certification For Interlocutory Appeal Of Decision Holding That Article 28 Does Not Apply To Manufacturers' Third-Party Claims Against The Carrier In In re Air Crash Near Nantucket Island, Mass. On October 31, 1999
    • Court Denies Summary Judgment, Finding Fact Issues As To Timeliness Of Written Notice Of Claim And Fraud Allegations In Watkins Syndicate at Lloyd's of London v. Tampa Airlines, S.A.
    • Court Holds Passenger Was Disembarking When Using Staircase To Deplane From Aircraft In Hershkin v. El Al Israel Airlines, Ltd.
    • Warsaw Convention Held Not Applicable To Claims Against AAA In Vaughn v. American Automobile Association (AAA)
    • Convention Was Held Inapplicable To Non-Carrier Defendants In Certain Interested Underwriters at Lloyds v. Baridoff Galleries




Newsletters: 2004


  • December 2004 - Tort Reform  

    • American Tort Reform Association has issued its report naming nine "Judicial Hellholes" in the United States


  • November 2004 - Class Actions  

    • Following a Ten-year Study by the United States Judicial Conference Advisory Committee on Civil Rights, a Series of Amendments to Federal Rule of Civil Procedure 23, Which Governs Class Actions, were Adopted
    • Second Circuit Holds That District Court's Creation of "Opt in" Class Oversteps Bounds of Rule 23 In Kern v. Siemens Corp. et al


  • October 2004 - Jurisdiction   

    • No Personal Jurisdiction Found Over Lessor Based on Crash of Helicopter In Forum State In Bell Helicopter Textron, Inc. v. HeliQwest International, Ltd.
    • Belgian Accounting Firm Enjoined From Pursuing Action in Brussels to Attempt to Avoid Discovery Order in U.S. Securities Fraud Action in Quaak v. Klynveld Peat Marwick Goerdeler Bedrijfsrevisoren


  • September 2004 - Forum Non Conveniens  

    • District Court Grants Forum Non Conveniens Dismissal of Wrongful Death Claims In In Re: Air Crash Over the Taiwan Straight On May 25, 2002
    • In In re Air Crash at Taipei, Taiwan, on Oct. 31, 2000, Court Grants Defendants' Motion for Reconsideration of Decision Denying Forum Non Conveniens Dismissal
    • Illinois State Court Grants Forum Non Conveniens Motion of Singapore Airlines In Sun v. Singapore Airlines, Ltd.
    • California Court of Appeal Reverses Forum Non Conveniens Dismissal, Finding El Salvador Not An Adequate Alternative Forum In Portillo v. Robinson Helicopter Co., Inc.
    • In Zermeno v. McDonnell Douglas Corp., District Court Denies Motion to Vacate Order of Dismissal on Forum Non Conveniens Grounds
    • In Lie v. The Boeing Co., Court Grants Forum Non Conveniens Dismissal of Manufacturers' Third-Party Claims Against The Carrier
    • Court Denies Forum Non Conveniens Dismissal In In re Air Crash Near Nantucket Island, Mass. On Oct. 31, 1999


  • August 2004 - Aviation Security  

    • Report to Congress on Further Steps Needed to Strengthen the Security of Commercial Airport Perimeters and Access Controls, GAO-04-728 (June 2004)


  • July 2004 - Warsaw Convention  

    • First Federal Appellate Court Decision to be Issued Holds Failure to Warn of DVT is not an Article 17 "Accident" In Blansett v. Continental Airlines, Inc.
    • As Plaintiff's Fall Occurred Outside Operations of Embarking or Disembarking, Defendants' Motions for Summary Judgment Granted In Muehlig v. America Airlines, Inc.
    • District Court Holds Mental Distress Over Health of Unborn Child Due to Fall Not Recoverable Under Article 17 In Marks v. Virgin Atlantic Airways, Ltd.


  • June 2004 - Warsaw Convention  

    • Bankruptcy Court Holds No Article 17 "Accident" For Failure to Warn of Disinsection Of Aircraft In In Re UAL Corp.
    • Issues of Fact Regarding Plaintiff's Embarkation Preclude Grant Of Summary Judgment In Hasen v. Delta Airlines
    • Failure To Provide Wheelchair Service Occurred During Operations Of Embarking and Disembarking In Fazio v. Northwest Airlines


  • May 2004 - Warsaw Convention  

    • Ninth Circuit Reverses District Court and Holds No Article 28 Jurisdiction In U.S. Where Passengers Contracted for Separate Indonesian Domestic Transportation In Coyle v. P.T. Garuda Indonesia
    • Second Circuit Affirms Only Mental Injuries Caused By Physical Injuries Are Recoverable In Ehrlich v. American Airlines, Inc.
    • Third Circuit Affirms That, Absent Physical Injury, There Is No Right Of Recovery For Post-Traumatic Stress Disorder In Bobian v. Czech Airlines


  • April 2004 - Discovery  

    • District Court In New York Imposes Severe Sanctions For Failure To Comply With E-Discovery Requests In Metropolitan Opera Assn. v. Local 100, Hotel Employees & Restaurant Employees Int'l Union
    • Inaccurate Information in Answers to Interrogatories Concerning Extent of Insurance Coverage Permits Assertion of Fraud Claim Against Insurers In Roth v. La Societe Anonyme Turbomeca France


  • March 2004 - Warsaw Convention - Article 17 "Accident"  

    • United States Supreme Court holds failure to reseat asthmatic passenger further away from smoking section constitutes an "accident" in Olympic Airways v. Husain


  • February 2004 - Warsaw Convention - DVT Litigation  

    • District court holds failure to warn of DVT is not an Article 17 "Accident" in Louie v. British Airways, Ltd.
    • Australian appeals court holds failure to warn of DVT is not an Article 17 "Accident" in Qantas Ltd. v. Povey


  • January 2004 - Warsaw Convention  

    • Second Circuit affirms that insurer of original consignor has standing to sue carrier, Article 18(3) Presumption of Liability applies and prejudgment interest properly was denied in Commercial Union Ins. Co. v. Alitalia Airlines
    • Fifth Circuit affirms denial of "Inconvenience" Damages in Lee v. American Airlines
    • Court holds that Warsaw Convention governs only passenger claims arising from alleged abduction of children in Streeter v. Bruderhof Communities in New York, Inc.
    • Injuries alleging arising our of being compelled to check carry-on baggage held not an "accident" in Jovanovic v. Swiss Airline





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