Certain general trends have emerged that apply to many areas of aviation and airport law. Significantly, the preemption of state law tort claims by federal law under the Aviation Deregulation Act of 1978, that had expanded in the case law decisions of recent years, has undergone a marked retrenchment, with fewer successful cases of preemption published. The Warsaw Convention although largely retaining its historic vitality in the case law has undergone a significant limitation through regulatory action. the department of transportation has given final approval to a carrier agreement waiving the Warsaw Convention's liability limit for passengers and families in the case of death or injury on international flights. International carriers are now exposed more than ever to mass tort actions that could affect economic viability. At the Same time, the prodcut liability defendant has seen greater protections in both the case law and legislation, making successful claims more difficult to pursue.
Litigation involving airports has mushroomed, reflecting economic expansion in the industry and issues of privatization. Issues of revenue diversion under the Airport improvement act for off-airport purposes and privatization are introducing novel issues, without established precedence, that may well revolutionize how airports will operate as we enter the new millennium. The increased demand for airport slots and the present law placing an emphasis on definitions of "reasonableness" and "non-excessive" fees will necessitate the legislation and adjudication of definitive and efficient guidelines that presently do not exist.
The current trend in aviation and airport law is of a field in flux, undergoing tremendous expansion in its business, geographic coverage, and technology as well as the laws that will guide and control the industries. The near term, therefore, promises not only the opportunities for growth but the difficulties encountered with growth. GKG hopes to share its enthusiasm and vision with its fellow members of the aviation industry during these exciting times.
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