AVIATION HAPPENINGS SUMMER 2016 Volume 2, Issue 3 In this issue Pilots not Subject to Personal Jurisdiction in Virginia Despite Causing Damage in Virginia Airspace Registration to Do Business Is Not Consent to Personal Jurisdiction in Delaware Third Circuit Grapples with Issue of Whether Federal Aviation Act Preempts Design Defect Claims Based on State Law Standards of Care Comments Are in for FAA’s Proposal to Amend Small Aircraft Certification Standards Federal Agency Publishes Best Practices for Drone Privacy Removal Based on Federal Issues Raised by Motion To Compel Pre-Crash FAA Records Deemed Proper Federal Courts Continue Scrutiny of Removals from State Courts Seat Downgrade No Accident under Montreal Convention Federal Court Dismisses all but Contract Claims Arising out of Alleged Bribery Scheme US Airways Not Liable for Delay Under ‘All Reasonable Measures’ Defense Pilots not Subject to Personal Jurisdiction in showed that the alleged breach of operating limita- Virginia Despite Causing Damage in Virginia tions occurred in the airspace over Virginia. Schnader Airspace responded that, even if that were the case, the con- Jonathan Stern, Washington, D.C. nection to Virginia would be insufficient to exercise
[email protected] jurisdiction because “[a] defendant’s actions that are directed at the forum state in only ‘a random, fortui- In Ondrejko v. Atlantic Airways, et al., the alleged tous, or attenuated way’ are insufficient to support owner of a single-engine airplane leased to Atlantic jurisdiction.” Moreover, Schnader argued that the Airways claimed that 10 pilots, student pilots and reason that nonresidents driving on a state’s high- flight instructors had damaged his airplane’s engine ways are subject to that state’s jurisdiction is that by operating outside of the approved parameters in they are within the regulatory jurisdiction of that the flight manual.