Condon & Forsyth LLP publishes a quarterly newsletter and a monthly bulletin covering aviation and insurance law. In addition, the firm publishes Aviation and Climate Change - Law & Policy (a collaborative work of our firm and The Hodgkinson Group) to analyze current topics related to the issue of aviation and climate change. We also publish the annual IATA Liability Reporter, co-authored with IATA (the International Air Transport Association), which covers aspects of air carrier liability in various jurisdictions, including the Montreal Convention of 1999, the Warsaw Convention of 1929, DVT, conditions of carriage, passenger rights and antitrust laws. For complimentary copies, please e-mail us.




Client Bulletins (2008 - 2009)
  • May 2009 - Increased Protections for Air Travelers with Disabilities   

  • April 2009 - Do Subrogation Rights Survive CPLR Section 4545?   

  • April Alert 2009 - DOT Issues Notice Calling on Carriers to Update Tariffs on Baggage and Code-Share Liability   

  • March 2009 - Discovery Reform in the United States: Is it Really at Hand?   

  • February 2009 - Peanuts, Pregnancy...And Pre-Emption   

  • January 2009 - Employer Duty to WARN Under Recent New York Legislation   

  • December 2008 - Illinois Supreme Court Addresses Joint and Several Liability   

  • November 2008 - Cook County State Court Cases Continue to Prove Difficult to Dismiss on Forum Non Conveniens Grounds   

  • October 2008 - An Analysis of Successive and Contracting Carrier Liability   

  • September Alert 2008 - Rule B Lives On: Appellate Court Affirms Wire Transfer Seizures in Maritime Disputes   

  • September 2008 - Federal Rules of Evidence 502: A New, Uniform Set of Rules Relating to the Waiver of Attorney-Client Privilege and the Work Product Doctrine   

  • August 2008 - Ninth Circuit Court Of Appeals Affirms That Failure To Warn Of DVT Risks Is Not An "Accident" Under The Warsaw Convention   

  • July 2008 - Forum Non Conveniens Dismissal of Actions Arising Out of Brazilian Mid-Air Collision.   

  • May 2008 - Just in Time for Summer: A New Consumer Protection Bill is Introduced in California and the DOT Increases the Denied Boarding Compensation Limits.   

  • 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   



Client Bulletins (2005 - 2007)
  • 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: 2008-2009
  • Spring 2009 - Forum Non Conveniens- The Swinging Pendulum to Dismissal of Foreign Aviation Accident Cases in the United States   

  • Winter 2009 - 2008 Roundup of Decisions Under the General Aviation Revitalization Act of 1994 ("GARA")   

  • Summer 2008 - Montreal Convention 2008 Roundup - A Busy Year For The Courts   

  • Fall 2008 - Federal Appeals Court Holds Texas Public Policy Bars Insurance Of Punitive Damages For Corporate Misconduct   

  • Spring 2008 - 49 U.S.C. §44112(B): Limits on the Liability of Aircraft Owners and Lessors   

  • 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   



Newsletters: 2004-2007




Aviation & Climate Change Newsletter:
  • February 2009 - Aviation Included in Australia's Emissions Trading Scheme From 2010; Worldwide Legislative & Regulatory Overview of Aviation and Climate Change; Voluntary Airline Action in the Absence of a Global Solution to the Aviation Climate Change Problem - The Relevance of Offsets  

  • September 2008 - The EU ETS and the Aviation Industry: A Swirling Controversy and the International Debate  






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