Mar 1, 2019 | Air and Space, Case Note, Hayden Brown, Privacy Law
By Hayden Brown Abstract When is a search a “search”? The United States Supreme Court established a general answer to this question in the seminal Fourth Amendment case Katz v. United States. Justice Harlan’s concurring opinion in Katz held that in most...
Mar 1, 2019 | Air and Space, Andrea deLorimier, Case Note
By Andrea deLorimier Abstract In United States v. Kolsuz, the court held that a forensic examination of a cell phone at the airport must be categorized as a nonroutine border search and can only be conducted upon a showing of reasonable suspicion. The court did not...
Mar 1, 2019 | Air and Space, Case Note, Madison Gafford
By Madison Gafford Abstract In Stokes v. Southwest Airlines, the Fifth Circuit was forced to overturn its own precedent in order to determine that there is no independent private right of action to enforce the Air Carrier Access Act (ACAA) of 1986. This was due to a...
Mar 1, 2019 | Air and Space, Alex Paez, Case Note
By Alex Paez Abstract For decades, Southwest Airlines enjoyed an unprecedented reign over the Dallas Love Field Airport. However, recent legislation opened the door to new competitors of Southwest. Historically, direct air travel out of Love Field was restricted to a...
Mar 1, 2019 | Air and Space, Case Note, J. Collin Spring
By J. Collin Spring Abstract In Doe v. Etihad Airways, P.J.S.C., the United States Court of Appeals for the Sixth Circuit rewrote the test for mental anguish under the Montreal Convention to allow recovery with any physical injury, disregarding years of precedent...
Mar 1, 2018 | Air and Space, Case Note, Klayton Sweitzer Hiland, Labor and Employment
By Klayton Sweitzer Hiland Abstract In Airline Service Providers Association v. Los Angeles World Airports, the Ninth Circuit held that the City of Los Angeles, operator of the fourth largest airport in the world, may require airline service providers to enter into...
Mar 1, 2018 | Air and Space, Case Note, Criminal, Jonathan Petree
By Jonathan Petree Abstract In United States v. Trinidad, the First Circuit held that an illiterate, uneducated, and technologically-impaired individual acted as a “navigator” by virtue of keeping a boat on course from Colombia to Puerto Rico, thus subjecting him to a...
Mar 1, 2018 | Air and Space, Case Note, Daniel W. Sepulveda, Tax
By Daniel W. Sepulveda Abstract In Epic Aviation v. Testa, the Supreme Court of Ohio examined an exception to an Ohio sales tax statute for the purchase of jet fuel by an air carrier working as a public utility service. Specifically, the court looked at whether that...
Mar 1, 2018 | Air and Space, Case Note, Luke Strieber
By Luke Strieber Abstract In Vanderklok v. United States, the Third Circuit addressed the issue of whether a First Amendment claim for retaliatory prosecution could be brought against an agent of the Transportation Security Administration (TSA) in the context of...
Mar 1, 2018 | Air and Space, Case Note, Intellectual Property, Jake Winslett
By Jake Winslett Abstract In Drone Technologies, Inc. v. Parrot S.A., the Federal Circuit held that courts need not conduct a substantive examination of patent inventorship to decide standing issues in infringement cases where the plaintiff’s claim to title is not...
