Dow Lohnes attorneys have over 30 years of experience in the aviation community. This experience spans the aviation industry, including representation of U.S. and foreign airlines, air taxis, aircraft owners, lessees and brokers, airframe and parts manufacturers, fixed-base operators, charter operators, and a tariff publishing company.
The Dow Lohnes Litigation group is fully integrated with the firm’s Aviation practice. The firm represents clients across the country in private disputes between air carriers and aviation companies in state courts, federal courts and commercial arbitrations as well as litigation arising from administrative proceedings at the Department of Transportation, Federal Aviation Administration, Transportation Security Administration and the Department of Justice Antitrust Division. Representative matters include:
- Alitalia Linee Aeree Italiane, SPA v. Airline Tariff Publishing Co., 580 F. Supp. 2d 285 (S.D.N.Y. 2008): Represented major company that publishes airline tariffs in suit challenging critical contract clause on limitation of liability and seeking damages; successfully obtained summary judgment on interpretation of contract.
- World Jet Trading, Ltd. v. JCDE, Inc., (Arbitration 2007): Successfully arbitrated return of escrow deposit under aircraft sales contract after potential buyer’s rejection of aircraft.
- Port Authority of New York and New Jersey v. FAA, No. 08-1262 (D.C. Cir. 2008): Represented intervenor JetBlue in industry petition to review FAA order purporting to implement slot auction at New York airports; D.C. Circuit issued stay of implementation of slot auction rule, which FAA eventually withdrew.
- Southwest Airlines, Co. v. TSA, 554 F.3d 1065 (D.C. Cir. 2009): Successfully represented Hawaiian Airlines in industry appeal of increase in aviation security infrastructure fees.
- FAA v. Hawaiian Airlines, Inc., FAA-2009-0578 (2009): Successfully defended Hawaiian Airlines in enforcement action regarding maintenance problem on flights; after extensive discovery, FAA agreed to dismiss the entire action with prejudice.
- Hawaiian Airlines, Inc. v. American Samoa, DOT-OST-2006-25612 (Apr. 2, 2007): Sought and received declaratory order from the Department of Transportation ruling that the Governor of American Samoa could not bar Hawaiian Airlines from serving the island territory.
- United States v. Airline Tariff Publishing Co., Civil Action No: 92 2854 (D.D.C. 1993): Defended ATPCO in lawsuit brought by the United States Department of Justice Antitrust Division against the client and six airlines alleging that air carriers used ATPCO’s price publishing systems to engage in anti-competitive signaling in violation of the Sherman Act; also represented ATPCO in 42 class action treble damage suits following the government suit.