Current Trends in Aviation and Airport Litigation

Galland, Kharasch & Garfinkle
  1. Overview of current trends
  2. Jurisdiction
    1. Personal jurisdiction
    2. Foreign Sovereign Immunities Act
    3. Forum Non Conveniens
  3. AIR CARRIER AND LIABILITY DEFENSES
    1. Preemption
      1. Airline Deregulation Act (ADA) of 1978
        1. Preemption Of Personal Injury Claims
        2. Preemption Of Air Carrier Business Practice Claims
      2. Warsaw Convention
        1. General Provisions
        2. Proposed Modifications To The Warsaw Convention.
        3. Recent Decisions
          1. Preemption/removal issues
          2. Statute of limitations
          3. Occurrences and injuries covered
          4. Jurisdiction issues
    2. Death on the High Seas Act
    3. Other Air Carrier Liability and Defense
      1. Standard Of Care
      2. Limitation by Contract
  4. EMPLOYMENT AND LABOR PRACTICES
    1. Railway Labor Act
    2. Employment Discrimination
      1. Age Discrimination
        1. General Considerations
        2. Airline pilot challenges
      2. American With Disabilities Act
    3. Airline Deregulation Act
      1. Employee's Right of "First Hire."
      2. Triggering of "First Hire" Right
    4. Erisa
      1. Employer Liability
      2. Preemption under railroad labor act
  5. SELLERS' AND MANUFACTURERS' LIABILITY AND DEFENSES
    1. General Aviation Revitalization Act of 1994
    2. Government Contractor Defense
    3. Economic Loss Doctrine
  6. AIRPORTS AND FIXED BASE OPERATORS
    1. Airport Fees
      1. The General Provisions
        1. Airport Head Tax Act
        2. Airport Improvement Act
      2. Ratemaking Litigation
      3. Ratemaking Regulations
      4. Review of FAA Decisions
    2. Privatization
      1. Lack of Definitive Regulations
      2. Revenue Diversion
      3. FAA 1996 Authorization Bill Provision affecting Airports
    3. Zoning Regulations
    4. Tort Liability
      1. Premises Liability
      2. Air Traffic Control Negligence
    5. Constitutional Issues
  7. ANTITRUST
    1. Current environment
      1. Sherman Act Section 1
        1. Price Fixing
        2. Price signaling
        3. Allocation of customers, markets or territories
        4. Other Anticompetitive Conduct
      2. Sherman Act Section 2
      3. US Air vs. British Airways and American Airlines
  8. FAA ENFORCEMENT
    1. Certificate Actions
      1. Pilot Certificates
      2. Medical Certificates
      3. Other Certificates
    2. Actions Against Air Carriers
  9. PRACTICE AND PROCEDURE
    1. Contribution and Indemnity
    2. Conflicts of Law
    3. Evidence and Trial Practice
    4. Sanctions
    5. Jury Trial
    6. Costs
  10. PUNITIVE DAMAGES
  11. INSURANCE COVERAGE
  12. DEBTOR-CREDITOR
  13. PENAL ACTIONS AGAINST PASSENGERS
APPENDIX A: Representative Sample of GKG Aviation-Related Litigation Matters
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