Firm Publications

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 copies of any of the above, please e-mail us.

Client Bulletins and Alerts (2013)
January, February, March, March Alert, March Alert No.2, April

Client Bulletins and Alerts (2012)
March, March Alert, April, May, July, August, September, October

Client Bulletins and Alerts (2005 - 2011)

Newsletters (2012-2013)
Spring 2012, Summer 2012, Winter 2013

Newsletters (2004 - 2010)

Aviation and Climate Change: Law & Policy Newsletter
September (2008), February (2009), June (2009), November (2009), January (2010), November (2010), March (2011)

Client Bulletins and Alerts (2012 - 2013)

April 2013 - The European Commission Issues Proposed Amendments to Modify EC 261.
March Alert No.2, 2013 - Ninth Circuit Addresses Federal Preemption.
March Alert 2013 - Class Actions: No “Slicing and Dicing” to Avoid Federal Jurisdiction.
March 2013 - The Second Circuit Holds That County's Emergency Response to Airplane Crash Is Not Subject to Reimbursement.
February 2013 - LegalTech 2013: Emerging Trends Underscore Need for Information Governance.
January 2013 - Dismissal of Spanair Litigation in United States Affirmed by Ninth Circuit Court of Appeals.
October Alert 2012 - European Court of Justice Reaffirms Application of European Regulation (EC) 261 to Flight Delays.
October 2012 - Punitive Damages: What is the Right Amount?
October 2012 - New York State Court Holds State Law Standards Preempted by Federal Aviation Act of 1958.
September 2012 - Failure to Check-in On Time is Fatal to Passengers' Claims.
August 2012 - Congress Passes Pilot's Bill of Rights Granting Greater Procedural and Evidentiary Rights in Administrative Hearings.
July 2012 - Federal Appellate Court Upholds DOT "Passenger Protection" Regulations.
May 2012 - Educating the Corporation's Witness: Ignorance is Not Bliss.
April 2012 - The European Court of Justice Reconsiders Its Interpretation of EC 261 as Providing Airline Passengers with the Right to Standardized Compensation in Cases of Delay.
March Alert 2012 - MMSEA Section 111 Threshold Dollar Exemption Decreases April 1, 2012.
March 2012 - Federal Court Denies Defendant Access to the Non-Public Portions of Plaintiff's Facebook Account.

Client Bulletins (2005 - 2011)

December Alert 2011 - Wrongful Death Litigation Arising Out of the Continental Connection Flight 3407 Accident: A Federal Court Compels Plaintiff to Produce a Broad Array of Damages Discovery, Including Social Media.
December 2011 - Application of Federal Statutes to Passenger Boarding and Deplaning Claims.
October Alert 2011 - CMS Increases MMSEA Section 111 Threshold Dollar Exemptions.
September 2011 - Airline Passenger Protection Rules Take Effect and Are Expanded.
August 2011 - Montreal Convention: Two Prong Accident Analysis in First Circuit Maintained.
July Alert 2011 - Court Holds That the Federal Aviation Act of 1958 Preempts State Law Standards of Care.
July 2011 - With Two Products Liability Cases, U.S. Supreme Court Clarifies, then Muddles, the "Stream of Commerce" Theory of Personal Jurisdiction.
June Alert 2011 (2) - U.S. Supreme Court Strikes Down Employment Class Action Suit Against Wal-Mart, Finds Insufficient Commonality Among Female Plaintiffs.
June Alert 2011 - U.S. Litigation Arising Out of the Air France Flight 447 Accident Dismissed on Forum Non Conveniens Grounds for a Second Time: Another Significant Victory for Defendants.
June 2011 - Recent Decisions Address Previously Unsettled Areas Regarding Preemption Under the Airline Deregulation Act (ADA).
May 2011 - Passengers Travelling Gratuitously on Private Aircraft Not Entitled to Recover Under Montreal Convention.
April Alert 2011 - DOT Tarmac Delay Regulations Extended to Foreign Carriers.
April 2011 - Another Forum Non Conveniens Victory for Defendants from California District Court.
March 2011 - The Second and Ninth Circuits are Divided Over the Starting Point For Application of the Death on the High Seas Act in Non-Commercial Aviation Accidents.
March Alert 2011 - Second Circuit Declares Field Preemption Under the Federal Aviation Act of 1958.
February 2011 - Two Year Limitation Period Not Applicable to Contribution and Indemnity Claims Under Montreal Convention.
February Alert 2011 - U.S. Litigation Arising Out of the TAM Linhas Aéreas Flight 3054 Accident: Another Significant Forum Non Conveniens Setback for Plaintiffs in Federal Court.
January 2011 - IATA Establishes Uniform Limit of Liability for Transportation of Cargo Across All Routes.
November 2010 - MMSEA Section 111 Mandatory Reporting Extended
October Alert 2010 - U.S. Litigation Arising Out of the Air France Flight 447 Accident Dismissed on Forum Non Conveniens Grounds: A Significant Victory for Defendants
August Alert 2010 - Renew or Regret: FAA Publishes New Rule Requiring Renewal of Aircraft Registrations
August 2010 - Third Circuit Limits Federal Preemption of Air Safety to In-Flight Operations.
July 2010 - DOT Proposes Extension of Tarmac Delay Reporting Requirements to Foreign Air Carriers and Increase in Denied Boarding Compensation
June Alert 2010 - Section 111's New Direct Data Entry Option for Small Reporters
June 2010 - Business Aviation Basics: A Primer for Owning or Operating an Aircraft in the U.S.
May 2010 - Outlook 2010-2011: Insights from the 30th Annual New York Airfinance Conference
April 2010 - Court Dismisses Antitrust Action Alleging Fixing of Fuel Surcharges By Airlines
March 2010 - Updates to MMSEA Section 111 Reporting Requirements
February 2010 - Electronic Discovery In Aviation Litigation: The Other Shoe Drops
January 2010 - ADA Preemption - Ninth Circuit Rules that State Law Claims Relating to Airline Collection of Mexican Tourism Tax are Preempted by Federal Law
December 2009 - Sweepstakes Law - Government Regulation of Online Sweepstakes and the Newest Marketing Tool - Mobile Phone Texting
November 2009 - Lack of Defibrillator Does Not Trigger Liability Under the Montreal Convention
October 2009 - TSA Implements Screening Program for Cargo Carried on Passenger Flights
September Alert 2009 - Montreal Convention Limits of Liability to Rise 13.1% by End of Year
September 2009 - Congress Passes the Lilly Ledbetter Fair Pay Act and Extends Timeframe for Employees to Bring Discrimination Claims
August 2009 - Additional Responsibilities for Those Liable to Medicare Beneficiaries
July 2009 - Drawing a Line in the Sea: The Separate Starting Lines Under the Death on the High Seas Act for Commercial and Non-Commercial Aviation Accidents
June 2009 - Fifth Circuit Clarifies Application of Montreal Convention to Baggage Claims
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
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: 2011-2012

Winter 2013 DOT Imposes Stiff Fines on Foreign Carriers for Tarmac Delays.
Summer 2012 No Recovery Against Terminal Operator for Delays on Tarmac.
Spring 2012 Summary of Pending Litigation in the United States Arising from European Union Regulation EC 261.

Newsletters: 2004-2011

Fall 2011 Lessor Liability: Florida Supreme Court Limits Pre-Emptive Effect of Federal Owner/Lessor Liability Statute in Vreeland v. Ferrer.
Winter 2011 Toxic Cabin Air Litigation Continues to Recirculate Through the Courts
Fall 2010 Forum Non Conveniens in Foreign Aviation Accidents: Litigating in Federal Court is Often the Difference Between Winning and Losing
Special Edition Spring 2010 - Bashkirian Airlines Flight 2937-DHL Airways Flight 611 Mid-Air Collision: A Spanish Court Applies U.S. Law to Determine Liability and Damages - A Paradigm Shift as to Forum Non Conveniens or Much Ado About Nothing?
Spring 2010 - Risk Allocation Under AVN 67B and Customer Support Agreements: Fasten Your Seatbelt
Special Edition Winter 2010 - Arik v. The Boeing Co.: The Latest From the Illinois Cook County Circuit Court on Forum Non Conveniens
Winter 2010 - Forum Non Conveniens: Significant Developments in 2009
Summer 2009 - The Supreme Court Raises the Bar- Stricter Pleading Requirements Imposed on Plaintiffs
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
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
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
November/December 2005 - International Air Transportation
September/October 2005 - Air Carrier Access Act
July 2005 - Economic Loss Rule
June 2005 - Forum Non Conveniens
May 2005 - Economic Loss Rule
April 2005 - DVT Multidistrict Litigation
March 2005 - Insurance Coverage
February 2005 - Warsaw Convention
January 2005 - Warsaw Convention
December 2004 - Tort Reform
November 2004 - Class Actions
October 2004 - Jurisdiction
September 2004 - Forum Non Conveniens
August 2004 - Aviation Security
July 2004 - Warsaw Convention
June 2004 - Warsaw Convention
May 2004 - Warsaw Convention
April 2004 - Discovery
March 2004 - Warsaw Convention - Article 17 "Accident"
February 2004 - Warsaw Convention - DVT Litigation
January 2004 - Warsaw Convention

Aviation & Climate Change Newsletter:

March 2011 - "Tinkering at the Edges": The UNFCCC, ICAO and the Struggle to Address the Aviation Emissions Problem.
November 2010 - Climate Change and the Issues Facing the Insurance Industry.
January 2010 - The Current State of Affairs Addressing Climate Change: Negotiating a New Global Climate Treaty.
November 2009 - A Global Sectoral Approach for Aviation: "Visionary and Innovative Thinking"?
June 2009 - Deadlines and Mandatory Reporting Requirements for Aircraft Operators Under the EU ETS.
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.

Home || Attorney Profiles || Practice Areas || Representative Clients || Publications || News || Links || Contacts