DOT extends period for commenting on proposed rule enhancing airline passenger protections

In response to numerous requests, DOT has extended the comment period for “Enhancing Airline Passenger Protections,” a Notice of Proposed Rulemaking the agency issued in June 2010, from August 9 to September 23, 2010.  If adopted, the proposed rule, which can be found at 75 F.R. 32318 (June 8, 2010), would substantially expand DOT’s rule … More DOT extends period for commenting on proposed rule enhancing airline passenger protections

Airline passenger “Bill of Rights” legislation resurrected

On January 12, 2009, Senator Barbara Boxer reintroduced the Airline Passenger Bill of Rights Act with co-sponsor Senator Olympia Snowe.  Senator Boxer had introduced a similar bill in 2007, with Senator Snowe as its co-sponsor, but it was not enacted.  The pending bill, S. 213, has been referred to the Committee on Commerce, Science and … More Airline passenger “Bill of Rights” legislation resurrected

Passenger ground delay case is trimmed but survives

Ray v. American Airlines, Inc. (W.D. Ark. Aug. 22, 2008).  The passenger’s December 2007 flight on American from Oakland to Dallas was diverted to Austin due to weather conditions.  The passenger claims that she was confined to the aircraft in Austin against her will and that she endured “deplorable conditions” during the 11-hour ground delay. … More Passenger ground delay case is trimmed but survives

Second Circuit grounds New York’s airline passenger “Bill of Rights”

Air Transport Association of America, Inc. v. Andrew Cuomo (2d Cir. (N.Y.) Mar. 25, 2008).  New York’s airline passenger “Bill of Rights” required that airlines provide passengers with food, water, electricity and working restrooms during ground delays over three hours.  The Second Circuit held that 49 U.S.C. § 41713(b)(1), the preemption provision of the Airline … More Second Circuit grounds New York’s airline passenger “Bill of Rights”

Federal court upholds legality of New York’s airline passenger “Bill of Rights”

Air Transport Association of America, Inc. v. Andrew Cuomo et al. (N.D.N.Y. Dec. 20, 2007).  In a decision issued yesterday, the U.S. District Court for the Northern District of New York denied the Air Transport Association’s motion for a preliminary injunction enjoining the enforcement of New York’s airline passenger “Bill of Rights.”  Instead, the court granted summary … More Federal court upholds legality of New York’s airline passenger “Bill of Rights”

Federal court to rule soon on legality of New York’s airline passenger “Bill of Rights”

Air Transport Association of America, Inc. v. Andrew Cuomo et al. (N.D.N.Y.).  On December 18, 2007, the U.S. District Court for the Northern District of New York will hold a hearing on the Air Transport Association’s motion for a preliminary injunction enjoining the enforcement of New York’s airline passenger “Bill of Rights.”  I will report … More Federal court to rule soon on legality of New York’s airline passenger “Bill of Rights”

New York legislation is on collision course with federal statute

The New York State Legislature is close to enacting the “Consumer Bill of Rights Regarding Airline Passengers.”  The sponsors of S5050-C have cited ground delay incidents that occurred at New York airports in February and March 2007 as justification for the legislation.  They have stated that “New York is home to some of the world’s busiest … More New York legislation is on collision course with federal statute