In their Aviation Law column, Kreindler & Kreindler partners Steven R. Pounian and Justin T. Green write that after a spate of hijackings, the FAA was amended in 1961 to provide airlines discretion to refuse transportation, but a split has developed among the circuit courts as to whether airlines were immunized from liability over such a refusal unless it was arbitrary and capricious, or whether a common law reasonableness standard applies.
Standard of Care When Airlines Remove or Refuse to Board Passengers
New York Law Journal
July 30, 2012
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