North America

Michael Wukoschitz's picture

USA: District Court upholds fine for traveler to Cuba who did not answer OFAC queries

Plaintiff Zachary Sanders filed a suit to review final agency action by the Office of Foreign Assets Control (OFAC). He claimed violations of his constitutional rights under the Fifth and Eighth Amendments (in particular: the right not to incriminate himself and the right not to fined in an excessive way) arising from a USD 9.000 fine OFAC imposed on him for failure to comply with Cuban trade embargo regulations.

Michael Wukoschitz's picture

U.S. Court of Appeals: violation of a government regulation no prerequisite to a claim under Article 17 Montreal Convention

After entering her assigned row on Icelandair Flight No. 656, Elin Phifer bent over, placed two carry-on bags under the seat in front of hers, stood up, and struck her head on an overhead television monitor, which was extended in the down position. Phifer collapsed and was assisted to her seat by her husband and an Icelandair flight attendant.

Michael Wukoschitz's picture

USA: airlines ask DOT for another delay in new rules

The airline industry is again asking the U.S. Transportation Department (DOT) or more time — now a full year — to comply with portions of the DOT’s new rules on the disclosure and implementation of baggage fees on multi-carrier routings. When the DOT adopted the rules in April, it set an August effective date, then changed that to January when carriers claimed they needed more time to reprogram their systems. Now the airlines are saying the five-month delay was not nearly enough.

Michael Wukoschitz's picture

USA: no private right of action pursuant to Air Carrier Access Act

Plaintiff-appellant Mary Lopez appealed a judgment of the United States District Court for the Eastern District of New York entered August 20, 2010 dismissing her disability discrimination claims against appellee Jet Blue Airways ("JetBlue") under the Air Carrier Access Act (ACAA) and the Americans with Disabilities Act (ADA) for failure to state a claim upon which relief can be granted.

Michael Wukoschitz's picture

New EU-US agreement on PNR

The European Union and the United States have initialled a new agreement on the transfer of air passengers' data for flights from the EU to the US. If adopted by the European Parliament and EU Member States in the Council of Ministers, the new agreement on Passenger Name Records (PNR) will replace the current agreement from 2007, improving data protection whilst providing an efficient tool to fight serious transnational crime and terrorism.

Michael Wukoschitz's picture

USA: DOT fines Spirit Airlines for deceptive price advertising

The U.S. Department of Transportation (DOT) fined Spirit Airlines USD 50,000 for violating federal aviation laws and the Department’s rules prohibiting deceptive price advertising in air travel.

Michael Wukoschitz's picture

USA: DOT issues first fine for tarmac delay rule violations

The U. S. Department of Transportation (DOT) fined American Eagle Airlines USD 900,000 for lengthy tarmac delays that took place at Chicago O’Hare International Airport on May 29, 2011.

Michael Wukoschitz's picture

USA: DOT fines Caribbean Airlines for improperly limiting reimbursements for delayed baggage

The U.S. Department of Transportation (DOT) fined Caribbean Airlines, a carrier based in Trinidad and Tobago, USD 60,000 for limiting reimbursements for lost, damaged and delayed baggage to less than consumers were entitled under the Montreal Convention.

Michael Wukoschitz's picture

USA: House approves European Union Emissions Trading Scheme Prohibition Act

On October 24, 2011, the United States House of Representatives approved H.R. 2594, the “European Union Emissions Trading Scheme Prohibition Act". If passed by the Senate and signed by the President, the bill would force the Department of Transportation to bar U.S. airline operators from complying with the European Union’s Emissions Trading Scheme (ETS).

Michael Wukoschitz's picture

Florida: Miami Federal District Court denies preliminary injunction to be reinstated as hotel operator

Excerpt from the court's opinion:

One of the Plaintiffs, FHR TB, LLC (“Fairmont”), manages hotels as the agent for the owners of the hotels. The other Plaintiff, Fairmont Hotels & Resorts (U.S.) Inc. (“FHRUSI”), owns Fairmont. Both Plaintiffs seek a preliminary injunction reinstating Fairmont as the manager of Defendant’s hotel in Aventura, Florida. Defendant, TB Isle Resort, LP (“Turnberry”) built and operated the hotel in the 1970s , later repurchasing it and contracting with Fairmont to manage it on a long-term basis, under a hotel management agreement (“HMA”).