Recent Developments in Aviation Law
Embry-Riddle 16th Annual Aviation Law & Insurance Symposium
Publication Date: January 20, 2005
Each year there are new and exciting developments in the ever-evolving world of aviation law and the last year has been no exception. The Supreme Court has taken another opportunity to consider the scope of the Warsaw Convention, expanding carrier liability by determining that the failure to act under certain circumstances may be considered an “accident” under Article 17. Notably, however, the response of the lower courts and those higher courts outside of the United States on related issues has been more measured and there likely will continue to be considerable debate on the parameters of recovery under the Warsaw Convention. Of course, there also now is the Montreal Convention to contend with, including potentially differing standards of liability. In addition, there have been significant decisions reached in cases involving preemption, the General Aviation Revitalization Act, the Air Carrier Access Act and numerous other issues of significance which are discussed in detail below.
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