airplaneOn October 27, 2016 a chartered Eastern Airlines Boeing 737 carrying Vice Presidential candidate Mike Pence and 36 others skidded off a wet runway at LaGuardia Airport on a rainy fall night. The incident gained some notoriety, not only because the candidate was aboard, but also because the cockpit voice recorder transcript revealed that, after the incident,  the captain said, “My career just ended,” and the co-pilot said, “We should have went around.”

Continue Reading Air Safety: “My Career Just Ended!”

Product Liability Monitor

September 8, 2017
New Developments
The SELF DRIVE Act Motors Through Congress
By Mark Pratzel

On September 6, 2017 the House of Representatives unanimously passed H.R. 3388, also known as the “Safely Ensuring Lives Future Deployment and Research in Vehicle Evolution Act,” also known as the “SELF DRIVE Act.” The broad, bipartisan support for this legislation seems to reflect a rare Congressional consensus favoring national standards for autonomous vehicle (AV) technology. [Continue Reading]

FAA Preemption: The Continuing Sikkelee Saga
By Alan Hoffman

Last April, in a case closely followed by the aviation industry, the Third Circuit reversed a District Court order granting summary judgment to Textron Lycoming in a fatal Cessna 172 accident case on the ground that the plaintiffs’ design defect claims were preempted by the Federal Aviation Act. The Third Circuit held that the District Court erred in applying field preemption to plaintiff’s tort design defect claims, and remanded the case for further proceedings. [Continue Reading]

Standing as a Defense in Class Action Products Cases
By Jonathan Schmalfeld

It is a basic legal principle that, for party to have standing to bring a case, that party must have suffered (or in some instances be under the immediate threat to suffer) some actual harm. This is commonly referred to as the injury-in-fact requirement. This requirement is particularly important in cases where class certification is sought. [Continue Reading]

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Product Liability Monitor Archive
July 2017

 

jet“Cessna 1234A cleared for takeoff, caution wake turbulence from the departing Citation jet.” It’s a common warning at controlled airports where light planes mingle with jets and airliners.  Encountering wake turbulence at low altitude immediately after takeoff is a well-known danger that can have fatal results.  But wake turbulence is increasingly recognized as a danger to all aircraft, at all levels.

Continue Reading Air Safety: Caution—Wake Turbulence!

jetSixty-five years ago, on May 2, 1952, aviation history was made when a de Havilland Comet departed London for Johannesburg, South Africa—the world’s first passenger jet air service. It was a proud moment for Britain and its aircraft industry.

Post-war air travel was dominated by the American-made Lockheed Constellation and Douglas DC-6, and airlines—including British Overseas Airways Corporation, the UK’s flagship international carrier–lined up to buy them. British manufacturers made a bold decision to leapfrog over the piston-powered, propeller-driven American airliners by adopting turbine power. England led the United States in wartime jet engine technology, and hoped to take advantage of this by beating America with the first jet transport.

Continue Reading Air Safety: A Falling Comet

airplaneOn April 27, 2017, Petitioner The Boeing Company filed a petition for the imposition of antidumping and countervailing duties on imports of 100-to 150-Seat Large Civil Aircraft from Canada.

SCOPE OF THE INVESTIGATION

The merchandise covered by this petition is aircraft that have a standard 100- to 150-seat two-class seating capacity and a minimum 2,900 nautical mile range, as these terms are defined below.

Continue Reading Petition Summary: Large Civil Aircraft From Canada

airportThe recent US ban on laptops and tablets electronic devices from carry-on luggage from flights from 10 Middle Eastern Airports, and a more limited UK ban, have been widely condemned by the aviation press and the airline industry as arbitrary, ineffective and counterproductive. There is no factual basis for the airports selected, the UK list differs from the US, and the bans can be evaded by taking a connecting flight from elsewhere.[1]

These issues raise a more fundamental question: Does the enormous cost and burden imposed upon the airlines and the traveling public by the all-encompassing TSA airport security regime provide any real benefit?

Continue Reading Air Safety: Do Away with TSA?

airplane jetThe U.S. Department of Transportation recently revised the SIFL rates that are used to value an employee’s personal use of a company aircraft, as required by the Internal Revenue Code Section 61 and the Federal Tax Regulations Section 1.61-21(g). The Department announced that the following rates will apply for the 6-month period January 1, 2017 through June 30, 2017:

Continue Reading DOT Revises the Standard Industry Fare Level (SIFL) for First 6 Months of 2017

compassOn the second anniversary of the disappearance of Malaysia Air flight MH370, this blog explored the known facts and concluded, “Unless and until the wreckage is located on the ocean floor and the flight data recorder and cockpit voice recorder data recovered, the most plausible scenario is deliberate human action, most likely by one of the cockpit crew.”

Thereafter, the search area was refined, but in January, 2017 further search efforts were ended. As a result, recovery of the vital “black boxes” is highly unlikely.

Continue Reading Air Safety: The Fate of Malaysia Airlines Flight 370—Revisited

crash site
The crash site near Mason City, Iowa

In the early morning of February 3, 1959, a Beech Bonanza carrying Buddy Holly, Richie Valens and the Big Bopper (J.P. Richardson) crashed shortly after takeoff from the Mason City, Iowa airport, killing all on board. The accident entered aviation history and American popular culture.

In early 1959 Buddy Holly’s band was playing a “Winter Dance Tour” across the wintry upper Midwest. The travel logistics were less than ideal, involving long drives in an-ill equipped bus, in sub-freezing and sometimes sub-zero temperatures. Holly and Richardson were both ill, and Holly decided to charter a flight to the band’s next stop in Moorhead, Minnesota to avoid another lengthy road trip after playing the Surf Ballroom in Clear Lake, Iowa on the night of February 2.

Continue Reading Air Safety: The Night the Music Died