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In this edition of Jones Day's Airlines and Aviation Alert,
we feature articles from colleagues across Europe and the U.S.
discussing several topics of interest to the aviation industry,
with reviews of the new U.S.-EU safety agreement, developing case
law on EU rules for passenger compensation after flight delays, a
controversial FAA proposal to make public the flight tracks of
private aircraft, a key U.S. Court of Appeals decision on leverage
leases, and the ongoing slot swap litigation involving LaGuardia
and Reagan airports. We also proudly report on the continued
expansion of our global aviation practice with the addition of
airline-side Railway Labor Act experience in our Washington
Office
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Missouri Senators Clare McCaskill and Christopher Bond, concerned about the seniority integration treatment of employees at Trans World Airlines ("TWA") following its purchase by American Airlines and integration of the two airlines' operations and workforce, introduced legislation to guarantee labor protective provisions to airline employees with respect to seniority integration for certain covered transactions.
In a case of first impression, the New York Court of Appeals has held that a court need not undertake a conflicts-of-laws analysis when there is an express choice of New York law in a contract pursuant to New York General Obligations Law §5-1401.
The Department of State and the Department of Commerce are planning to move certain military aircraft, aircraft engines, and specially designed aircraft parts and components off of the U.S. Munitions List.
The European Union Emissions Trading System faced serious international opposition in 2012 for seeking to include carbon emissions from flights into and out of the EU under the ETS regulatory umbrella.
The United States Federal Maritime Commission (FMC) has issued a Notice of Proposed Rulemaking under which foreign unlicensed Non-Vessel Operating Common Carriers (NVOCCs) will be allowed to register with the Commission and begin using Negotiated Rate Agreements (NRAs) with their shippers.
