Hicks Thomas LLP Files Cert Petition for High Court to Review DHL-Falcon Contract Dispute

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).