The lawyers in our firm have defended large and complex Aviation and Space claims and lawsuits worldwide for decades. The firm has unmatched experience, expertise and depth in those practice areas. Our breadth of experience enables us to skillfully represent client's diverse interests anywhere in the world.

Our Aviation and Space law practice includes the defense of virtually every type of space and air disaster claim and litigation, whether it be from commercial, corporate, private or military activity. We are a diverse group of lawyers, many of whom are also engineers, pilots, or licensed aircraft mechanics. We understand the unique circumstances and technical issues that are present in litigation arising in the aviation and space context, and therefore bring a sophisticated technical perspective to developing effective and efficient defenses for our clients.

International Presence

Our clients entrust us with the defense of claims and lawsuits wherever they arise. In addition to litigating cases and managing claims locally from our offices in New York City, Los Angeles and Princeton, New Jersey, we also litigate throughout the United States. When required, we carefully select local counsel to assist with venue specific issues so as to obtain the best possible results for our clients. In addition, we have actively participated and directed the defense of our clients' interests in litigation and claims arising in North and South America, Asia, the Middle East, Africa and Europe.

Experience

The depth of experience of our lawyers in handling high profile and complex claims and litigation is unsurpassed. As a brief list of illustrative examples, the lawyers in our firm have represented, or are currently representing, clients in the following matters:

• American Airlines Flight 965 (Cali, Colombia) – defended both the flight management system provider and the navigational chart manufacturer.
• ValuJet Flight 592 (Everglades, FL) – defended the maintenance concern and the manufacturer of oxygen generating equipment.
• Air France Flight 447 (Rio to Paris flight) – represent wiring and control system product manufacturers in MDL litigation pending in San Francisco.
• Mobil AV1 lubricant – defended against several nationwide class actions and non-class suits involving an allegedly defective general aviation oil, and represented the company in a related FAA investigation.
• Avgas contamination litigation - defended major oil company in 1500 member class action and 15 non-class lawsuits in San Francisco Bay area.
• TWA Flight 843 "rejected take-off" (JFK International Airport) - defended manufacturer of stall warning system in state and federal courts in San Francisco involving 106 passenger and crew cases.
• Singapore Airlines Flight 006 (Taipei, Taiwan) - defended evacuation slide manufacturer in litigation in state and federal courts in Los Angeles stemming from wrong runway accident, which were ultimately dismissed on forum non conveniens.
• Air France Flight 358 (in Toronto and California) – represent evacuation slide manufacturer in class action and non-class lawsuits in Toronto resulting from runway overrun accident.
• Mandala Airways Flight 91 (Medan, Indonesia) – defended major engine manufacturer in litigation filed in the United States, then Indonesia, involving numerous deaths and injuries.
• U.S. Air Force Boeing 737 Crash (Dubrovnik, Croatia, involving death of 35 occupants, including U.S. Commerce Secretary Ron Brown) – defended the manufacturer of the navigational charts in U.S. federal Multi-District Litigation.
• September 11th Terrorist Attacks – defended an airport security firm at Boston Logan Airport against allegations that the terrorists passed through the security checkpoint.
• Bashkirian Airlines Flight 2937/DHL collision over Überlingen Germany - involved a mid-air collision between a passenger plane (that was primarily occupied by Russian children) and a cargo aircraft - represented the manufacturer of collision avoidance equipment on one aircraft.
• Three-Axis Body Stabilized Satellite Litigation - cases involved a dispute over the performance of numerous satellites' solar panels, and the causative mechanism for degradation over time - represented the manufacturer of the UVR coated cover glass that protects the solar panels.
• West Caribbean Airlines Flight 708 (near Machiques, Venezuela) – defended engine manufacturer for McDonnell Douglas MD-82 which crashed in Venezuela, killing all 160 on board.
• Tans Peru Flight 204 (Pucallpa, Peru) – represented engine manufacturer in litigation arising from the crash of a Boeing 737-200, killing 40 passengers and injuring 58 others.
• Defense of consolidated subrogation cases brought by 75 insurers, seeking over $100 million, arising from chemical plant fires and large explosions which damaged 16,000 properties.
• Defense of suits arising from crash of Copterline helicopter engaged in regularly-scheduled, Montreal Convention flights, resulting in 14 deaths.
• Cougar Helicopter crash off coast of Newfoundland– defended a major manufacturer in connection with Model S-92 helicopter crash during flight to offshore oil platform.
• Petroleum Helicopter Inc S-76C++ helicopter crash near Louisiana coast - represented a major manufacturer in multi-state litigation.
• ASC-2 satellite arbitration involving operation of certain communication channels on the satellite.
• Westar 4 and 5 satellite litigation involving hydrazine fuel used in space.

Space Practice

Our lawyers have represented clients in the field of space-related claims and litigation for decades. Our practice has frequently entailed working with sophisticated and highly technical information, oftentimes on the cutting-edge of scientific and engineering developments. Several of our lawyers have relevant technical experience from having worked as engineers in the fields of rocket science and satellite design. This experience often provides a strategic advantage when working with leading technical experts in developing our defense. Space matters that we have handled have involved communication system failures, fuel and propulsion issues, deployment malfunctions, telemetry system anomalies, stabilization system patent licensing, and deterioration of solar panels.

Aircraft Builders Council, Inc.

The Aircraft Builders Council, Inc. (ABC) has, for more than fifty years, provided a products liability insurance vehicle for the benefit of aviation manufacturers. As defense counsel for many years, our lawyers have advised ABC members on claims and litigation, accident investigation, post-accident product teardowns, inspections and testing, and liaising and interfacing with government agencies.

Claims Prevention

We work diligently with clients to prevent claims, and, where claims are brought, to vigorously defend our clients' inerests. Our attorneys were among the first to develop product integrity programs for the aviation industry, and we are constantly alert to new developments which can benefit our clients. We also provide legal advice concerning contractual matters, electronic document retention policies, compliance with regulations, and the myriad matters which can arise in the claim and litigation context. In the event that a claim does materialize, we make sure that our clients are prepared and know what to expect, how to react, and we are prepared to guide them through the claim or litigation process.

High Profile Legal Precedents

Having represented, at various times, the majority of major aviation product manufacturers, we have been at the forefront of developing some of the most successful defenses that are now routinely utilized in aviation litigation. We are constantly alert to protect these important defenses from erosion, and are on the cutting edge of advancing these established defenses in innovative ways.

Our lawyers pioneered the Government Contractor Defense, which was ultimately adopted by the U.S. Supreme Court. The defense broadly limits liability for manufacturers whose aircraft products comply with government specifications. We have further amplified this defense by successfully applying it to maintenance provider liability.

We successfully litigated the forum non conveniens doctrine in the Piper v. Reyno case that culminated in an oral argument before the U.S. Supreme Court. The result was a landmark decision establishing a paradigm followed by all federal courts today in deciding whether to dismiss a case based on the doctrine of forum non conveniens.

We were also the first to successfully argue in New York State Supreme Court the application of the Foreign Sovereign Immunities Act to a foreign, government-owned airline.

Information Access

Managing the details of litigation and claims can create a risk-management challenge. In response, Fitzpatrick & Hunt developed a system to meet that challenge. Our system provides clients, brokers, risk managers and other users quick, always available real-time access to the latest status of any claim or litigated matter, including, among many other things, information regarding the claimant, insurance policy involved, reserve detail and historical financial data through a secure web portal. Also available for access is other documentary material or information that our clients may need, such as relevant pleadings, motions, discovery responses, and accident reports. Our system aids in efficient claims management, and further supports a coordinated relationship among insureds, insurers and our firm.