Department of Transportation (DOT) consumer protections – new rules to watch
Legal Flight Deck
by Oliver Beiersdorf and Julia Norsetter
3M ago
As we begin the new year, the aviation industry is closely following certain Department of Transportation (DOT) Notices of Proposed Rulemakings (NPRM) published in 2022. These proposed rulemakings relate to consumer protections, including ancillary fees and airline ticket refunds. In contrast to the NPRM relating to ancillary fees, the NPRM relating to ticket refunds arguably codifies existing DOT enforcement practices. Ancillary fees  In this alert, we focus on the NPRM relating to ancillary fees, a term used to describe charges for items such as checked baggage and changing or cancellin ..read more
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Navigating certification for Advanced Air Mobility
Legal Flight Deck
by Julia Norsetter
5M ago
Originally published by Aerospace Testing International in ‘Showcase 2024 ‘ The Advanced Air Mobility sector is poised for sustainable growth and offers a plethora of opportunities to aerospace professionals who are considering including in their portfolios eVTOL aircraft and associated elements. According to a study published by analysts this year, the Global AAM market is forecast to be worth more than US$68 billion by 2032, supported by a projected annual growth rate of around 35% between now and 2032. Over this time, it is anticipated that AAM operations will grow increasingly complex – fr ..read more
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Sustainable fuel – is it the future?
Legal Flight Deck
by Hui Ling Teo, Julia Norsetter and Jennifer A. Smokelin
7M ago
We are conducting a short, anonymous survey to find out your thoughts on sustainable fuel sources in the transportation industry, including your understanding of the various options, potential challenges, and expected timings for full conversion to sustainable fuel sources. Please take 5 minutes to complete the survey. We know this topic is top of mind for many of our clients in the aviation industry, particularly with the International Air Transport Association (IATA) goal for the global aviation industry to meet net-zero emissions by 2050 and the push towards finding sources of sustainable a ..read more
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Defending an AAM product liability lawsuit
Legal Flight Deck
by Gregory Speier and Julia Norsetter
7M ago
We get it. You don’t want to think about it right now. You spent countless hours designing your aircraft and raising capital. Your company is getting closer to, or is already, conducting certification testing. FAA certification of your aircraft, manufacturing, and mass distribution are your ultimate goals. Understandably so. The next frontier of aviation is right there in front of us, with the FAA’s Innovate 28 Plan laying the groundwork for AAM operations in 2028. The FAA seems ready and willing, at a deliberate speed, to create a proper regulatory framework and work with AAM O ..read more
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U.S. Department of Transportation focused on pursuing consumer protection violations against airlines
Legal Flight Deck
by Oliver Beiersdorf, Justin deBettencourt and Julia Norsetter
8M ago
Recent news headlines relating to air travel have demonstrated the aviation industry’s refocus on passenger experience and consumer protection issues.  Airlines are working hard to address scenarios that may affect the passenger experience during air travel today, including remediating weather delays and personnel-related issues. The Biden Administration has made consumer protections in the aviation industry a priority issue. For example, we covered the U.S. Department of Transportation’s (DOT) May 2023 launch of a new platform for passengers to communicate with DOT about airline travel i ..read more
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Southern District of New York dismisses defendant bank in 9/11 litigation for lack of personal jurisdiction
Legal Flight Deck
by Gregory Speier and Justin deBettencourt
10M ago
After 9/11, waves of lawsuits were filed seeking to hold those who sponsored and supported the al Qaeda terrorist organization accountable.  For instance, insurance companies, who paid out hundreds of billions of dollars in compensation for property damage and personal injuries as a result of the 9/11 attacks, filed subrogation lawsuits against al Qaeda and a host of other terrorist organizations, individual terrorists, nation states[1], and financial institutions allegedly involved in providing support and financial assistance to certain 9/11 hijackers and plotters.  In addition, fa ..read more
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U.S. House of Representatives and U.S. Senate propose bills to reauthorize the FAA
Legal Flight Deck
by Gregory Speier and Julia Norsetter
11M ago
In the past week, the U.S. House and U.S. Senate separately proposed legislation to reauthorize and fund the Federal Aviation Administration (FAA). While there are similarities and overlapping provisions in the two bills, there are many differences. For example, while the House’s version provides great funding and revitalization of the general aviation community, the Senate’s version does not. By way of further example, the Senate’s version provides sweeping provisions for what it calls “consumer protections” which would drastically alter a commercial airline’s financial obligations in the eve ..read more
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Legal challenges in autonomous flight: Things to consider before investing in an aircraft that flies itself
Legal Flight Deck
by Hui Ling Teo, Gregory Speier and Julia Norsetter
11M ago
Flying in the U.S., Europe and Australia is significantly safer than driving a car. Your current odds of being in a fatal accident are one in 11 million, whereas travelling by car lowers the odds to roughly one in 5000. Without taking away from the tragedy and loss of victims of crashes, the safety of flight must be preserved and improved even as we explore the new frontier of autonomous flight. Today, some commentators have even argued that autonomous flight is likely to become a reality much earlier than autonomous driving. Unmanned eVTOLs (electric vertical take-off and landing aircrafts) a ..read more
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Ready for take off
Legal Flight Deck
by Simon Spells, Manoj Purush and Julia Norsetter
1y ago
Originally published on theoath.com. Simon Spells, Manoj Purush and Julia Norsetter shine a light on the eVOTL investment opportunities taking into account advances in the Middle East and Southeast Asia regions. As we look towards 2023, aviation regulators, investors and industry firms are making marked progress towards a new sector of aviation: advanced air mobility (AAM). This progress stems from a variety of factors, including reducing urban congestion, capitalising on innovation, and the environmental benefits of reduced carbon emissions. In the near term, many manufacturers are focus ..read more
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EASA’s U-Space: The future of air traffic management for drones and VTOL
Legal Flight Deck
by Richard Hakes, Oliver Beiersdorf and Julia Norsetter
1y ago
Originally published on dronelife.com. The future of air mobility will include large numbers of unmanned aircraft flying in complex environments. Initially, unmanned operations started in rural areas to mitigate risk, but integration of these aircraft into congested airspace is needed to realize key social and environmental benefits. Integration of unmanned aircraft into urban settings also requires sophisticated air traffic management. After all, an unmanned aircraft does not have a pilot on board to communicate with an air traffic controller about its flight plan and airspace risks.&nbs ..read more
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