Significant Win for Litigation Department in the U.S. Court of Appeals, Second Circuit!

Congratulations to Jonathan Nelson, Paul Noto and Venesha White on a significant win in the U.S. Court of Appeals, Second Circuit!

The ruling comes on the heels of an unfavorable district court decision that had effectively shut down our charter airline client’s ability to operate from their private terminal at Westchester County Airport. The lower court held that a long-dormant local law—unenforced by the County for over fifteen years—required operations to take place through the public terminal. We challenged that decision on multiple grounds, arguing that the law was invalid, lacked FAA approval, and was preempted by the Airport Noise and Capacity Act (ANCA). While the district court rejected those arguments, the Second Circuit agreed, reversing the decision this week as a matter of law.

Aside from being a tremendous legal victory, the decision represents a significant strategic victory for our client, allowing them to continue their successful business operations. Moreover, the ruling clears the way for charter operators to continue to service customers at the Westchester County Airport without having to go through the terminal, allowing flyers the freedom to travel to smaller cities that otherwise might not be serviced.