Aviation Happenings: Summer 2021

The Summer 2021 edition of the Aviation Group’s newsletter examines some of the most recent and relevant cases and developments in aviation, including:

• The U.S. Supreme Court No Longer Requires a Strict Causal Connection to Establish Specific Personal Jurisdiction
• Washington Court of Appeals Affirms That Denial of Coverage for Engine Overheating Damage Was Proper
• Trial and Appellate Courts Reach Different Conclusions on Coverage Available Following Mid-Air Collision of Two Airplanes Covered By a Fleet Policy
• Cleared Direct to Philadelphia: Straightforward Application of Federal Venue Transfer Statute Leads to Transfer of Washington Action Directly to Pennsylvania
• Federal Judge Holds that an Airline Passenger Injured in Sweden Cannot Sue in New Jersey
• Illinois Federal Trial Court Departs From Second, Third and Fifth Circuit Precedent and Rejects “Snap Removal”
• California Federal Court Holds Airline Deregulation Act Only Preempts Plaintiff’s State Law Rescission Claims for Covid-19 Flight Cancellation Refunds but does not Apply to Plaintiff’s Breach of Contract Claims based on Airline’s Conditions of Carriage
• Northern District of California Applies Montreal Convention To Dismiss Claims Against Carrier and Contractor For Purported Failure to Provide Medical Assistance
• District of New Jersey Permits Passenger to Proceed with Claims Against United Airlines Under the State’s Anti-Discrimination Law
• Delaware Federal Court Dismisses Negligent Misrepresentation Claims Against Engine Manufacturers for Failure to Conform to the Heightened Pleading Standards for Claims Sounding in Fraud
• Eastern District of Washington Denies Winglet Manufacturer’s Motion to Dismiss and Rejects Arguments for Implied Preemption Following Fatal Crash

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