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Defending Airline Passenger Claims: Injury Suits and DOT Consumer Enforcement

Passenger suits and DOT enforcement now turn on preemption defenses and a statute-locked refund regime. Learn to win Rule 12 and Rule 56 dismissals, audit refund compliance under 49 U.S.C. § 42305, and advise on fee-disclosure exposure after the Fifth Circuit’s vacatur.

2026-10-16 12:00:00

Program Details

2026-10-16 12:00:00

2026-10-16 12:00:00

2h CLE Credits

2026-10-16 12:00:00

Program Details

2026-10-16 12:00:00

Program Details

2026-10-16 12:00:00

Over 1,000+ webinars

2026-10-16 12:00:00

Course Overview

The rules got weaker. The statute got permanent. The defenses got stronger.

2026-10-16 12:00:00

Airline litigation and regulation have both been rewritten in two years. Courts are dismissing passenger suits at the pleadings under the Montreal Convention and federal preemption. The Fifth Circuit’s February 2026 en banc vacatur and DOT’s July 2026 repeal ended the ancillary-fee rule. The refund regime survived, locked into statute at 49 U.S.C. § 42305 by the FAA Reauthorization Act of 2024.

Miss a threshold preemption defense and you fund discovery on a claim the Convention bars. Treat Part 260 as gone and the 7-business-day and 20-day refund deadlines still bind. Rely on the vacated fee rule and the 2011 disclosure baseline governs. OACP now runs warning-first, reserving penalties for widespread, systemic, egregious, or intentional violations — see the Southwest and Frontier rollbacks.

Attendees leave with a motion-practice roadmap for winning dismissal under Rule 12 and Rule 56. They gain a practical framework for auditing refund compliance and advising on fee-disclosure exposure. And they get a clear map of what is statutory, regulatory, paused, or gone — practitioner judgment no doctrine summary supplies.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Montreal Convention Preemption
How the Convention’s exclusive remedy, the injury-causing-event and embarkation analyses, and the evolving definition of an “accident” determine which passenger claims are preempted.
02
Dispositive Motion Strategy
Using Rule 12(c) judgment on the pleadings and Rule 56 practice to end mask-mandate Rehabilitation Act and California Unruh Act claims before discovery begins.
03
Defeating Expansive Theories
Attacking RICO enterprise allegations, post-travel third-party criminal-conduct claims, and disability-accommodation suits through neutral policy application and causation principles.
04
Statutory Refund Obligations
Why 49 U.S.C. § 42305 makes the 7-business-day and 20-day refund deadlines rollback-proof while Refund III and the flight-renumbering enforcement pause remain in play.
05
Ancillary-Fee Rule Collapse
What the Fifth Circuit’s February 2026 en banc vacatur and DOT’s July 2026 repeal mean for fee-disclosure exposure under the 2011 baseline.
06
Enforcement Pivot Counseling
Advising clients under OACP’s warning-first model — the “widespread, systemic, egregious or intentional” threshold, the Southwest $11M waiver, and Frontier credit mechanics — alongside early case assessment and preemption preservation.

Program schedule

clock 12:00 pm - 1:00 pm EST

Airline Passenger Injury Claims: Winning Early Dismissal and Summary Judgment Strategies for Airlines

This dynamic one-hour program examines proven strategies for obtaining dismissal, judgment on the pleadings, and summary judgment in passenger injury and discrimination litigation against airlines. Drawing from recent federal decisions and real-world litigation experience, the program focuses on how airlines can successfully leverage the Montreal Convention, Airline Deregulation Act (ADA), federal preemption doctrines, pleading deficiencies, causation principles, and Rule 12 and Rule 56 practice to terminate litigation before costly discovery or trial.

 

Attendees will gain practical insights into identifying threshold defenses, framing preemption arguments, attacking deficient pleadings, and using procedural tools to narrow or eliminate claims at the earliest stages of litigation. The presentation will feature recent case studies demonstrating how airlines have successfully defeated claims ranging from discrimination allegations and disability accommodation disputes to mask-mandate litigation, international carriage claims, and creative tort and RICO theories.

 

This session will provide attendees with a current roadmap for defeating passenger claims through effective use of federal preemption doctrines, procedural defenses, and strategic motion practice, while highlighting recent decisions that are reshaping airline litigation nationwide.

Roy GoldbergRoy Goldberg
clock 1:10 pm - 2:10 pm EST

Refunds, Rollbacks & Runways: What Still Binds Airlines After the DOT Reversal

This session maps the current, fragmented state of DOT airline consumer-protection enforcement after two years of whiplash. We begin with the two Biden-era pillars — the April 2024 automatic refund rule (14 CFR Part 260), backstopped by its statutory codification at 49 U.S.C. § 42305 under Section 503 of the FAA Reauthorization Act of 2024, and the companion ancillary-fee transparency rule — and trace how each fared through 2025–2026. The refund regime largely survives and, because its core obligations (the 7-business-day and 20-day refund deadlines, refund-on-request, and notification duties) are locked in by statute, cannot be undone by APA litigation or a change in administration; only discrete pieces, such as the flight-renumbering trigger, sit under a temporary enforcement pause. The ancillary-fee rule met the opposite fate: vacated en banc by the Fifth Circuit in February 2026 and formally repealed by DOT in July 2026, returning the industry to the 2011 disclosure baseline. Against that backdrop, we examine the Trump DOT’s broader deregulatory pivot — the withdrawn cash-compensation rulemaking, the “Refund III” reconsideration of what counts as a cancellation, and OACP’s shift from aggressive penalties to a warning-first compliance model, including the Southwest and Frontier penalty rollbacks. Attendees will leave able to distinguish what is statutorily mandatory from what is regulatory, paused, or gone, and equipped with a practical framework for auditing airline compliance systems and advising clients on refund processing, fee-disclosure exposure, and the realities of the current enforcement environment.

Kimberly GraberKimberly Graber
Roy Goldberg

Roy Goldberg

Clark Hill PLC

Kimberly Graber

Kimberly Graber

Steptoe LLP

Roy Goldberg

Roy Goldberg

Clark Hill PLC

Roy Goldberg is an aviation and transportation attorney who regularly represents airlines, airport operators, and aviation service providers in defending passenger, consumer, and regulatory claims. A significant portion of his airline practice focuses on obtaining early dismissal of claims through strategic motion practice, including successful use of federal preemption doctrines, jurisdictional defenses, and Rule 12 and Rule 56 motions.

Education & Credentials

Roy earned his J.D. from the University of Colorado in 1987 and his B.A. from the University of Kansas, Lawrence, Kansas, in 1984. He is admitted to practice in the District of Columbia, Maryland, and Colorado, and before the U.S. Supreme Court; the U.S. Courts of Appeals for the District of Columbia, Federal, Third, Fourth, Ninth, and Eleventh Circuits; the U.S. District Courts for the District of Columbia, the District of Maryland, and the District of Colorado; the U.S. Court of Federal Claims; and the U.S. Court of International Trade.

Recognition & Leadership

Roy was recognized by Who's Who Legal in the category of USA Transportation Litigation (Contentious) in 2021, and his recognitions include Best Lawyers in America© (2023, 2024) and Law360's "Transportation Group of the Year" (2016). He is President-Elect of the Association of Transportation Law Professionals for 2026–2027 and served as President of the International Aviation Club in Washington, D.C. from 2020 to 2021.

Professional Involvement

Roy serves as the liaison between the American Bar Association and its Air and Space Law Forum. His speaking engagements include two appearances at the 2026 Annual Meeting of the Association of Transportation Law Professionals in Baltimore — a panel on the impact of the Montgomery v. Caribe Transport Supreme Court decision on the trucking, aviation, and maritime industries, and an Aviation Law Update — as well as an FAA Airport Transition Update at the ABA Forum on Air & Space Law in May 2025. His publications include "When Perceived Absolute Power Corrupts: What Tools Exist to Confront a Federal Agency Running Roughshod Over the Administrative Procedure Act?," 93 J. Transp. L., Logistics & Pol'y 77 (2026); an ATLP Antitrust Blog update on the DOJ task force targeting red tape in the air industry (August 2025); and "Recent Cases Involved Arbitration of Aviation Disputes" (Westlaw, Summer 2020).

Experience

His experience includes: Successfully defending an air carrier in putative class action litigation challenging the airline's flight-cancellation and customer-service practices during the COVID-19 pandemic. Successfully defending multiple airlines against actions brought by both pro se and represented plaintiffs alleging discrimination arising from carrier compliance with the federal Transportation Mask Mandate, including obtaining dismissal of federal and state statutory claims through dispositive motions. Securing dismissal of claims against an airline arising from the removal of a family from an international flight between Newark and Aruba, with the court holding that the Montreal Convention provided the exclusive remedy and barred the untimely-filed discrimination claims. Obtaining dismissal of claims against an airline accused of participating in a civil RICO enterprise based solely on providing transportation to a passenger who later alleged injuries arising from events occurring at a third-party gathering in New York City. Successfully defending an airline sued by a federally-authorized armed passenger who was permanently banned from the carrier after brandishing a firearm onboard a commercial flight during an onboard seating dispute. Negotiating a favorable resolution on behalf of an airline service provider facing discrimination claims arising from airport security-screening procedures and allegations concerning parental access through a special TSA screening checkpoint.

Through these and other matters, Roy has developed substantial experience litigating claims involving the Montreal Convention, federal aviation statutes and regulations, airline operational decisions, disability accommodation issues, discrimination allegations, consumer claims, and emerging theories of airline liability. His presentations draw directly from recent federal court decisions and practical experience defending airlines in high-stakes passenger litigation.
Kimberly Graber

Kimberly Graber

Steptoe LLP

Kimberly Graber focuses her practice on aviation enforcement, regulatory compliance, and consumer protection law, drawing on more than two decades of legal experience, including fifteen years of public service at the U.S. Department of Transportation. At the Department she rose from senior trial attorney to branch chief and, most recently, Deputy Assistant General Counsel in the Office of Aviation Consumer Protection, where she led enforcement actions addressing unfair and deceptive practices in aviation, oversaw the development and implementation of major rulemakings on economic and consumer protection requirements for air transportation, and managed a team of more than 35 attorneys and analysts.

Education & Credentials

Kim earned her J.D., magna cum laude, from George Mason University School of Law in 2005, where she served as Notes Editor of the Law Review, and her B.A. from the University of California, Berkeley, College of Letters and Science, after attending San Diego Mesa Community College. She is admitted in the District of Columbia and Virginia and before the Supreme Court of the United States. From 2005 to 2006 she served as a pro se law clerk for five judges of the U.S. District Court for the Eastern District of Virginia, Alexandria.

Recognition & Leadership

Kim received the U.S. Department of Transportation Office of the General Counsel's Award for Exceptional Performance in 2024 and its Award for Excellence in 2017. At the Department, she directed responses to several GAO and OIG audits of DOT's aviation consumer protection activities and spearheaded modernization of a key IT system used for consumer protection and oversight of regulated aviation entities, obtaining $8 million in funding and coordinating a cross-functional team.

Professional Involvement

Kim provided legislative analysis and technical education on aviation economic regulation and consumer protection matters to Congressional stakeholders. Her recent publications include "Ending All-In Airfare Pricing Could Pose Ad Dilemma For Cos." in Law360 (November 2025, with Serena Viswanathan) and Steptoe client alerts on recent and future changes to airfare and package tour price advertising regulations, DOT's proposed rulemaking to revise its procedures on unfair or deceptive practices, and DOT's decision to refrain from enforcing certain provisions of the new wheelchair rule (October–November 2025). She is a member of the American Bar Association and a speaker at Steptoe's May 2026 webinar on in-house AI legal and regulatory developments. Prior to law school, she served as a Peace Corps volunteer in Suriname.

Experience

At the Office of Aviation Consumer Protection, Kim oversaw hundreds of investigations of airline and ticket agent practices, resolving more than 75 cases with cease and desist enforcement orders, and led the development of aviation consumer protection rules, guidance, and enforcement policies. She also led the Department's first-ever privacy review of the nation's ten largest airlines regarding their collection, handling, maintenance, and use of passengers' personal information. Her early legal career included discovery, motions practice, and hearings as a litigation associate at a global law firm and handling pro se cases as a law clerk in the Eastern District of Virginia.
Roy Goldberg

Roy Goldberg

Clark Hill PLC

Roy Goldberg is an aviation and transportation attorney who regularly represents airlines, airport operators, and aviation service providers in defending passenger, consumer, and regulatory claims. A significant portion of his airline practice focuses on obtaining early dismissal of claims through strategic motion practice, including successful use of federal preemption doctrines, jurisdictional defenses, and Rule 12 and Rule 56 motions.

Education & Credentials

Roy earned his J.D. from the University of Colorado in 1987 and his B.A. from the University of Kansas, Lawrence, Kansas, in 1984. He is admitted to practice in the District of Columbia, Maryland, and Colorado, and before the U.S. Supreme Court; the U.S. Courts of Appeals for the District of Columbia, Federal, Third, Fourth, Ninth, and Eleventh Circuits; the U.S. District Courts for the District of Columbia, the District of Maryland, and the District of Colorado; the U.S. Court of Federal Claims; and the U.S. Court of International Trade.

Recognition & Leadership

Roy was recognized by Who's Who Legal in the category of USA Transportation Litigation (Contentious) in 2021, and his recognitions include Best Lawyers in America© (2023, 2024) and Law360's "Transportation Group of the Year" (2016). He is President-Elect of the Association of Transportation Law Professionals for 2026–2027 and served as President of the International Aviation Club in Washington, D.C. from 2020 to 2021.

Professional Involvement

Roy serves as the liaison between the American Bar Association and its Air and Space Law Forum. His speaking engagements include two appearances at the 2026 Annual Meeting of the Association of Transportation Law Professionals in Baltimore — a panel on the impact of the Montgomery v. Caribe Transport Supreme Court decision on the trucking, aviation, and maritime industries, and an Aviation Law Update — as well as an FAA Airport Transition Update at the ABA Forum on Air & Space Law in May 2025. His publications include "When Perceived Absolute Power Corrupts: What Tools Exist to Confront a Federal Agency Running Roughshod Over the Administrative Procedure Act?," 93 J. Transp. L., Logistics & Pol'y 77 (2026); an ATLP Antitrust Blog update on the DOJ task force targeting red tape in the air industry (August 2025); and "Recent Cases Involved Arbitration of Aviation Disputes" (Westlaw, Summer 2020).

Experience

His experience includes: Successfully defending an air carrier in putative class action litigation challenging the airline's flight-cancellation and customer-service practices during the COVID-19 pandemic. Successfully defending multiple airlines against actions brought by both pro se and represented plaintiffs alleging discrimination arising from carrier compliance with the federal Transportation Mask Mandate, including obtaining dismissal of federal and state statutory claims through dispositive motions. Securing dismissal of claims against an airline arising from the removal of a family from an international flight between Newark and Aruba, with the court holding that the Montreal Convention provided the exclusive remedy and barred the untimely-filed discrimination claims. Obtaining dismissal of claims against an airline accused of participating in a civil RICO enterprise based solely on providing transportation to a passenger who later alleged injuries arising from events occurring at a third-party gathering in New York City. Successfully defending an airline sued by a federally-authorized armed passenger who was permanently banned from the carrier after brandishing a firearm onboard a commercial flight during an onboard seating dispute. Negotiating a favorable resolution on behalf of an airline service provider facing discrimination claims arising from airport security-screening procedures and allegations concerning parental access through a special TSA screening checkpoint.

Through these and other matters, Roy has developed substantial experience litigating claims involving the Montreal Convention, federal aviation statutes and regulations, airline operational decisions, disability accommodation issues, discrimination allegations, consumer claims, and emerging theories of airline liability. His presentations draw directly from recent federal court decisions and practical experience defending airlines in high-stakes passenger litigation.
Kimberly Graber

Kimberly Graber

Steptoe LLP

Kimberly Graber focuses her practice on aviation enforcement, regulatory compliance, and consumer protection law, drawing on more than two decades of legal experience, including fifteen years of public service at the U.S. Department of Transportation. At the Department she rose from senior trial attorney to branch chief and, most recently, Deputy Assistant General Counsel in the Office of Aviation Consumer Protection, where she led enforcement actions addressing unfair and deceptive practices in aviation, oversaw the development and implementation of major rulemakings on economic and consumer protection requirements for air transportation, and managed a team of more than 35 attorneys and analysts.

Education & Credentials

Kim earned her J.D., magna cum laude, from George Mason University School of Law in 2005, where she served as Notes Editor of the Law Review, and her B.A. from the University of California, Berkeley, College of Letters and Science, after attending San Diego Mesa Community College. She is admitted in the District of Columbia and Virginia and before the Supreme Court of the United States. From 2005 to 2006 she served as a pro se law clerk for five judges of the U.S. District Court for the Eastern District of Virginia, Alexandria.

Recognition & Leadership

Kim received the U.S. Department of Transportation Office of the General Counsel's Award for Exceptional Performance in 2024 and its Award for Excellence in 2017. At the Department, she directed responses to several GAO and OIG audits of DOT's aviation consumer protection activities and spearheaded modernization of a key IT system used for consumer protection and oversight of regulated aviation entities, obtaining $8 million in funding and coordinating a cross-functional team.

Professional Involvement

Kim provided legislative analysis and technical education on aviation economic regulation and consumer protection matters to Congressional stakeholders. Her recent publications include "Ending All-In Airfare Pricing Could Pose Ad Dilemma For Cos." in Law360 (November 2025, with Serena Viswanathan) and Steptoe client alerts on recent and future changes to airfare and package tour price advertising regulations, DOT's proposed rulemaking to revise its procedures on unfair or deceptive practices, and DOT's decision to refrain from enforcing certain provisions of the new wheelchair rule (October–November 2025). She is a member of the American Bar Association and a speaker at Steptoe's May 2026 webinar on in-house AI legal and regulatory developments. Prior to law school, she served as a Peace Corps volunteer in Suriname.

Experience

At the Office of Aviation Consumer Protection, Kim oversaw hundreds of investigations of airline and ticket agent practices, resolving more than 75 cases with cease and desist enforcement orders, and led the development of aviation consumer protection rules, guidance, and enforcement policies. She also led the Department's first-ever privacy review of the nation's ten largest airlines regarding their collection, handling, maintenance, and use of passengers' personal information. Her early legal career included discovery, motions practice, and hearings as a litigation associate at a global law firm and handling pro se cases as a law clerk in the Eastern District of Virginia.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

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Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

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