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Seventh Circuit gives guidance on McCaskill-Bond amendment to Federal Aviation Act
  • Katten Muchin Rosenman LLP
  • USA
  • December 9 2011

The McCaskill-Bond Amendment to the Federal Aviation Act provides that a merger of air carriers requires the new entity to merge the seniority lists of the two carriers’ employees

Mexicana Airlines files for bankruptcy
  • White & Case LLP
  • Mexico
  • August 6 2010

Mexicana Airlines has reported that it has filed for bankruptcy protection in Mexico and will seek to reorganize

Taking a second look at lessors’ risk in airline insolvencies in Canada
  • Borden Ladner Gervais LLP
  • Canada
  • May 27 2011

On April 6, 2011, the Ontario Superior Court of Justice released its decision in the priority disputes between the lessors and aviation authorities resulting from the Skyservice receivership

Commission opens in-depth investigation into restructuring aid for Czech airlines
  • Mayer Brown LLP
  • Czech Republic, European Union
  • February 25 2011

On 23 February, the European Commission ("Commission") opened an in-depth investigation, to verify whether the measures notified in the context of the restructuring of the Czech national flag carrier Czech Airlines are in line with the EU rescue and restructuring aid guidelines

FAA registration law does not preempt state UCC where partially completed airplanes fail to satisfy FAA definition of “aircraft”
  • Reed Smith LLP
  • USA
  • June 15 2011

The debtor had filed its chapter 11 petition while in the process of manufacturing custom designed airplanes for several purchasers

Aircraft leasing update: second circuit gives liftoff to billions in unsecured tax indemnity claims
  • Jones Day
  • USA
  • April 13 2011

When an airline goes bankrupt, do the owner participants in aircraft leverage-lease transactions have a right to recover on monetary claims (worth billions) based on tax indemnification agreements ("TIAs")? The answer lies in the meaning of the words "paypaidpays," which had been the subject of conflicting interpretations in the bankruptcy and district courts in the Northwest Airlines and Delta Air Lines bankruptcy cases

Clearing the air: Australia's High Court clarifies the operation of the IATA Clearing House Regulations during member airline's Australian insolvency proceeding
  • Jones Day
  • Australia
  • April 22 2008

If an international airline that is a member of the International Air Transport Association (“IATA”) goes into insolvent external administration under the Australian Corporations Act 2001 (Cth) (the “Act”), will the IATA Clearing House Regulations (effective January 1, 2006) (the “CH Regulations”) continue to govern the relationship between IATA, the insolvent airline, and the other members of IATA?

Pinnacle Airlines files for bankruptcy in the Southern District of New York
  • Fox Rothschild LLP
  • USA
  • April 5 2012

On April 1, 2012, Pinnacle Airlines Corp. ("Pinnacle") and four of its subsidiaries, filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the Southern District of New York

General counsel update: 31 May 2012
  • Herbert Smith Freehills LLP
  • Argentina, China, European Union, Hong Kong, Singapore, Spain, United Kingdom
  • May 31 2012

This is the twenty-ninth in our series of General Counsel Updates which aim to summarise major developments in key areas

Gesner Investments Ltd v Bombardier Inc: termination of aircraft purchase agreement
  • Morton Fraser
  • United Kingdom
  • November 30 2011

In its judgment of 11 October 2011, the English Court of Appeal analysed the terms of an aircraft purchase agreement entered into by Gesner and the aircraft manufacturer Bombardier