On April 9, Hicks Thomas LLP filed a cert petition on behalf of Falcon
Express International Inc. for the U.S. Supreme Court to review a ruling
that overturned a court decision forcing DHL Express USA Inc. to pay $5
million for fraud.
According to Falcon, the overruling stemmed from a faulty interpretation
of the Airline Deregulation Act of 1978 (ADA) and Federal Aviation Administration
Authorization Act (FAAAA) by the Texas appellate court.
Stephen Barrick, senior counsel at Hicks Thomas LLP, was quoted by Law360
in an article regarding the dispute between Falcon and DHL, in which Falcon
claimed the appellate court ruling wrongly diverged from federal interpretations
of the FAAA and ADA.
“The main point is that the Texas courts’ analysis of ADA preemption
is backwards, inconsistent with most federal precedent and results in
federal preemption of traditional state-law rights and remedies that Congress
never meant to preempt,” Barrick told Law360.
Joining Mr. Barrick on the cert petition is Hicks Thomas LLP appellate
specialist, Eric Grant, and Stewart Hoffer, who tried the case on behalf
of Falcon. View the complete Law360 article here (requires subscription).