Dupont Circle Fountain, Washington, D.C.

Aviation, Product Liability, and General Litigation Practice

I have over 30 years’ experience in aviation, general litigation and product liability matters, including a number of jury trials as first chair and second chair, and have frequently lectured and published articles in various professional journals on these subjects. I provide a full range of legal services to clients in the aviation, products and travel services industries and the general business community.

Areas of Expertise:

  • Aviation, Casualty and Insurance Litigation
  • General Commercial Litigation (including personal injury, death and property damage) and Antitrust
  • Product Liability Litigation and Risk Assessment and Counseling
  • Administrative Agency Counseling and Litigation
  • Aircraft and Equipment Purchase and Leasing
  • Commercial Transactions, Disputes and Workouts
  • Bilateral Aviation Agreements

Aviation, Casualty and Product Liability Litigation

I offer expertise in all phases of aviation litigation, including domestic/international passenger and cargo claims, and claims arising under the Warsaw Convention, general litigation (including personal injury, death and property damage), antitrust matters, product liability cases, airport cases and commercial disputes. I have been called upon to assist clients with National Transportation Safety Board and other government agency accident investigations, liability exposure, damage evaluations and settlement negotiations.

I have appeared before federal and state trial, appellate and bankruptcy courts in California, Delaware, District of Columbia, Maryland, Michigan, Minnesota, Texas and Virginia.

I am experienced in Alternative Dispute Resolution and Arbitration in the courts of the District of Columbia and other jurisdictions.

A particular specialty has been defending the interests of air carriers, aircraft manufacturers, airports and corporations (including their insurers) in complex litigation arising out of major aircraft accidents.

Litigation matters I have handled include:

  • Numerous commercial litigation matters for airlines, manufacturers and general business entities arising out of the operation of air facilities
  • Represented Southwest Airlines Pilots’ Association in amicus curiae briefs to the U.S. Supreme Court and the United States Court of Appeals for the District of Columbia Circuit in opposition to the Age 60 Rule
  • Represented creditors, including foreign government commercial entities and airlines, in various U.S. airline bankruptcy proceedings
  • Represented Northwest Airlines and its insurer in federal litigation in the E.D. Va. involving the deaths on the tarmac at DC National Airport in 1991 of a Pan Am commuter passenger and a stewardess from injury by a vehicle operated by a Northwest Airlines employee
  • Represented airline and insurer in multi-district federal and state litigation in connection with wrongful death and personal injury claims arising out of the collision of Northwest Airlines DC-9 and Northwest Airlines B-727 at Detroit, Michigan on December 3, 1990, and the product liability claims with aircraft manufacturer and component manufacturers
  • Represented airline and insurer in multi-district federal and state litigation in connection with wrongful death and personal injury claims arising out of the Northwest Airlines MD-80 accident at Detroit, Michigan on August 16, 1987 and the product liability claims with the aircraft manufacturer and component manufacturers
  • Represented Goodyear, the manufacturer of brake systems on a McDonnell Douglas DC-10 aircraft, on product liability claims arising out a runway overrun accident at Dallas, Texas on May 21, 1988
  • Represented airline in connection with NTSB investigation of accident of Air Canada DC-9 at Covington, Kentucky on June 2, 1983
  • Represented Lockheed, the manufacturer of an L-1011 aircraft, and its insurer in federal multi-district and foreign litigation in connection with design, certification and manufacturing on wrongful death claims and hull suit arising out of an accident at Riyadh Airport, Saudi Arabia, on August 19, 1980
  • Represented Lockheed, the manufacturer of a C-5A aircraft, and its insurer in federal multi-district litigation in connection with design, certification and manufacture on wrongful death and personal injury claims arising out of an air crash near Saigon, South Vietnam on April 4, 1975

Product Liability Risk Assessment and Counseling

I have prepared several comprehensive risk assessments for both U.S. and European computer and pharmaceutical entities planning to offer their products in the United States and abroad, including in connection with comprehensive national air traffic control systems. The assessments included risk exposure in the event of catastrophic and non-catastrophic litigation and related potential bankruptcy issues, insurance and insurance alternatives, product liability awareness programs, corporate structure to minimize risk exposure, including the tax consequences thereof, and implementation of a centralized and coordinated national litigation strategy.

Administrative Agency Counseling and Litigation

I have had extensive experience in advising on and handling matters before the Departments of Transportation, Treasury and State and the Federal Aviation Administration. I have represented air carriers and aircraft and component manufacturers at both the agency and appellate levels, and have provided extensive assistance to domestic and international airline clients in matters involving the National Transportation Safety Board. These matters have included:

  • Obtaining DOT licenses (foreign air carrier permits, renewals, exemptions, and U.S. air carrier operating certificates)
  • Obtaining FAA Operations Specifications, wet lease approvals, waivers
  • Advising airlines on the regulatory and antitrust aspects of code-sharing and blocked space agreement, wet lease and charter authority and other operational authorizations
  • Advising on post-9/11 aviation security, Transportation Safety Administration and U.S. Customs EAPIS compliance and enforcement issues
  • Handling U.S. Customs and immigration problems relating to passengers and cargo
  • Representing clients with airport authorities including on leases, gate use, user fees and other operational issues
  • Advising airlines on federal agency advertising rules, tariff and noise regulation requirements
  • Advising airlines on proposed regulatory measures and actions
  • Assisting airlines on Department of Homeland Security/INS fee audits
  • Advising on federal tax issues, including international tax agreements and diplomatic notes, specific to foreign airlines

Aircraft Purchase, Financing and Leasing

I have been engaged in a number of private business purchases of aircraft, as well as drafting and negotiating operating wet and dry leases on behalf of international airlines with both foreign and U.S. air carriers.

Commercial Transactions and Disputes

I also offer broad experience in commercial transactions, including drafting and reviewing contracts for the purchase and lease of aircraft and purchase of aircraft components, real estate leases, terminal leases, construction contracts for airlines and their insurers and licensing agreements.

For more than 20 years, I have served as outside U.S. general counsel to an international airline, handling virtually all of the airline’s legal and regulatory transactions in the United States. These transactions include aircraft wet leases, trademark, antitrust and general contract matters, real estate lease and purchase, workouts with bankrupt contractors, customs, immigration, general corporate issues and litigation matters.

I also coordinated a comprehensive federal and 50-state regulatory and consumer credit legal evaluation for a major international airline subsidiary in its issuance of a travel and entertainment card in the United States. This advice included analysis of the more favorable jurisdictions for the incorporation and establishment of the card issuer and card vendor entities, recommended cardholder and vendor agreements and application packages, and legal advice on state registration and notification requirements, and equal credit opportunity, disclosure and usury laws and restrictions.

Bilateral Aviation Agreements

I have represented several foreign governments in connection with bilateral aviation agreements and related matters and proceedings before the Department of Transportation and the Federal Aviation Administration and participated in amicus curiae briefs to the Supreme Court of the United States on various treaty and international issues.

Representative Clients in Aviation Matters

  • Air Canada
  • Air China Int'l
  • Air France (directly and as CAMAT insured)
  • Airmark, Inc.
  • American Airlines (USAIG and AAU insured)
  • ASA (Cape Verde Maintenance Services Co.)
  • ASTA (Aerospace Technologies of Australia)
  • Aviation Industries of China (Xian Aircraft Corp. and Shanghai Aircraft Corp.)
  • Boeing (USAIG insured)
  • CAAC (Civil Aviation Agency of China)
  • China Eastern Airlines
  • China National Aero Technology (CATIC)
  • Eastern Airlines (USAIG insured)
  • ENACOL (Cape Verde Aviation Fuel Co.)
  • enRoute Card, Inc. (travel card sub. of Air Canada)
  • Far East Aviation
  • Flying Tiger Airlines (AAU insured)
  • GAMECO (Lockheed-China Southern maintenance joint venture)
  • Goodyear Tire & Rubber Co. (AAU insured)
  • Japan Airlines
  • Lear-Siegler (USAIG insured)
  • Lockheed-Ga. and Lockheed-Cal. Cos. (USAIG insured)
  • Northwest Airlines (AAU insured)
  • Organization of Black Airline Pilots, Inc.
  • Pan American Airways (USAIG insured)
  • Singapore Airlines
  • Southwest Airlines Pilots’ Association
  • Textron (Bell Helicopter) (USAIG insured)
  • Transportes Aereos de Cabo Verde (Cabo Verde Airlines-- TACV)
  • TWA (USAIG and AAU insured)
  • United Airlines (USAIG and AAU insured)
  • USAir (AAU insured)