"JetBlue argues that because JetBlue's manual contains a § 121.709(e) authorization, the AMM [Aircraft Maintenance Log] reference provision is inapplicable. ... JetBlue would have the court interpret § 121.709(e) as exempting JetBlue from following its own procedures. But FARs do not negate compliant rules air carriers place on themselves via their maintenance manuals. In fact, C.F.R. § 121.709(b)(1) explicitly states that aircraft maintenance logs must 'be prepared in accordance with the carrier's maintenance manual,'" wrote U.S. District Judge Indira Talwani for the District of Massachusetts.
Judge OKs Personal Injury Suit Over Burger King's 'Impossible Whopper' Allegedly Embedded With Glass
"IFI takes issue with the fact that Howard pleads that either IFI or Nashville Quality, LLC were responsible for the accident or sabotage that resulted in glass in her food. IFI argues that '[b]ecause the allegations concede it is just as probable that the damages were caused by someone other than IFI and further fails to identify what IFI did or failed to do to cause the damages, the Complaint fails to state a plausible claim for relief.' ... This is wrong," District Judge Thomas T. Cullen for the Western District of Virginia wrote. "IFI conflates Howard's burden of proof with the pleading requirements.
Ex-Clients' Malpractice Suit Against Ohio Attorney, Firm Reinstated for Representation in Underlying Child Custody Matter
"We do not find that, based on the allegations in the Amended Complaint, the asserted casual connection between Dicke's conduct and the Resors' loss is too speculative as a matter of law to sufficiently plead a legal malpractice claim," Judge Mark C. Miller wrote for the court. "Further supporting this finding is the (alleged) fact that, after the Resors hired alternate legal counsel, they succeeded in having the three dependency cases dismissed and gained back custody of their children."
"C.G.'s parents are thankful that the Court of Appeals upheld both the attentive Weld County jury's verdict and the district court's rulings in a detailed, timely, and well-reasoned fashion," the plaintiffs' counsel, Zachary Wool of Barrios Kingsdorf & Casteix in New Orleans, in a statement via email to Law.com.