Aviation Case Law Update for 2011
*** So, this is what has been taking me away from the blog for the last month, I have been putting together this presentation for a conference. I made the presentation last week without a hitch. I hope you enjoy the materials. I am still working on how to upload the slides.***
Aviation Case Law Update
Presented at the 38th Annual Pacific Northwest Aviation Law and Insurance Seminar1
September 16, 2011
Casey DuBose is a third-year student at Seattle University School of Law, where he is the Business Editor for the Seattle Journal of Environmental Law. He is currently serving as a Law Clerk extern to the Honorable John C. Coughenour at the U.S. District Court for the Western District of Washington. He is a commercial pilot and flight instructor in single-engine aircraft. Upon graduation, he hopes to pursue a career that melds his three great interests - Chinese, Aviation, and Law. Prior to attending law school, Casey earned a B.A. in Philosophy from Brigham Young University with a minor in Mandarin Chinese. He also worked as a flight instructor and charter pilot at the Diamond Flight Center in Spanish Fork, Utah.
More information about Casey may be found at http://www.duchineselaw.com.
Table of Cases
Air Carrier Access Act
Mesaba Aviation, Inc Violations of 14 CFR Part 382, 2011 WL 1344611
Summers v. Delta Airlines, Inc., 10-CV-05730-LHK, 2011 WL 1299360 (N.D. Cal. Apr. 4, 2011)
Airline Deregulation Act
In re Korean Air Lines Co., Ltd., 642 F.3d 685 (9th Cir. 2011)
DiFiore v. Am. Airlines, Inc., 646 F.3d 81 (1st Cir. 2011)
Insurance
Trishan Air, Inc. v. Fed. Ins. Co., 635 F.3d 422 (9th Cir. 2011)
Federal Preemption
US Airways, Inc. v. O'Donnell, 627 F.3d 1318 (10th Cir. 2010)
Sikkelee v. Precision Airmotive Corp., 731 F. Supp. 2d 429 (M.D. Pa. 2010)
Montreal Convention
Chubb Ins. Co. of Europe S.A. v. Menlo Worldwide Forwarding, Inc., 634 F.3d 1023 (9th Cir. 2011) cert. denied
Eli Lilly & Co. v. Air Exp. Int'l USA, Inc., 615 F.3d 1305 (11th Cir. 2010)
Phifer v. Icelandair, 09-56858, 2011 WL 3076393 (9th Cir. July 26, 2011)
Forum Non Conveniens
Delta Air Lines, Inc. v. Chimet, S.p.A., 619 F.3d 288 (3d Cir. 2010)
Death on the High Seas Act
Helman v. Alcoa Global Fasteners, Inc., 637 F.3d 986 (9th Cir. 2011)
Pilot Certification and Regulation
Manin v. Nat'l Transp. Safety Bd., 627 F.3d 1239 (D.C. Cir. 2011)
Dickson v. Nat'l Transp. Safety Bd., 639 F.3d 539 (D.C. Cir. 2011)
Avia Dynamics, Inc. v. F.A.A., 641 F.3d 515 (D.C. Cir. 2011)
FAA Regulation of Airports
City of Santa Monica v. F.A.A., 631 F.3d 550, 551 (D.C. Cir. 2011)
Barnes v. U.S. Dep't of Transp., 10-70718, 2011 WL 3715694 (9th Cir. Aug. 25, 2011)
Casciani v. Nesbitt, 392 F. App'x. 887 (2d Cir. 2010) cert. denied
Government Contractor Defense
Rodriguez v. Lockheed Martin Corp., 627 F.3d 1259 (9th Cir. 2010)
Getz v. The Boeing Co., 10-15284, 2011 WL 3275957 (9th Cir. Aug. 2, 2011)
Federal Tort Claims Act
LeGrande v. United States, 774 F. Supp. 2d 910 (N.D. Ill. 2011)
Turner v. United States, 736 F. Supp. 2d 980 (M.D.N.C. 2010)
General Aviation Revitalization Act
Burton v. Twin Commander Aircraft LLC, 171 Wash. 2d 204, 254 P.3d 778 (2011)
Crouch v. Honeywell Int'l, Inc., 3:07-CV-638-S, 2010 WL 4449222 (W.D. Ky. Nov. 1, 2010)
Duty to Warn
Otoski v. Avidyne Corporation, 2010 WL Otoski v. Avidyne Corp., (D. Or. Oct. 6, 2010)
Glorvigen v. Cirrus Design Corp., 796 N.W.2d 541 (Minn. Ct. App. 2011)
Isakson v. WSI Corp., 771 F. Supp. 2d 1257 (W.D. Wash. 2011)
Notable Airline Crashes
Turkish Airlines Crash
Koral v. Boeing Co., 628 F.3d 945 (7th Cir. 2011)
Air France Crash
In re Air Crash Over Mid-Atl. on June 1, 2009, 760 F. Supp. 2d 832 (N.D. Cal. 2010)
Spanair Crash
In re Air Crash at Madrid, Spain, on August 20, 2008, 2:10-ML-02135 GAF, 2011 WL 1058452 (C.D. Cal. Mar. 22, 2011).
Transactions
Flight Options, LLC v. State, Dept. of Revenue, 84207-8, 2011 WL 3717001 (Wash. Aug. 25, 2011) 26
Interesting Cases
Azpitarte v. King County, C10-1186Z, 2011 WL 2518916 (W.D. Wash. June 23, 2011)
Nat'l Air Traffic Controllers Ass'n v. Sec'y of Dept. of Transp., 10-3171, 2011 WL 3569957 (6th Cir. Aug. 16, 2011)
United States v. Armstrong, 397 F. App'x. 466 (10th Cir. 2010)
Check out the details of each case after the break!
