Personal Injuries from Aviation Incidents: Navigating FAA Regs, NTSB Investigations, Jurisdiction, Choice of Law, and More

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Personal Injury and Med Mal
- event Date
Tuesday, August 29, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will discuss litigating personal injury claims arising in domestic commercial and general aviation accident cases. The panel will review theories of liability, defenses, discovery strategies, and the complexities involved with litigating and settling claims, as well as offer legal and practical considerations when bringing or defending aviation claims.
Faculty

Mr. Montanari has been involved in all types of aviation and products liability cases from helicopters to helmets, polymers to fuel totalizers.

Mr. Park practices in the areas of aviation litigation, subrogation, civil litigation, and insurance coverage. He has represented major airlines, pilots, airports, maintenance facilities, aerial applicators, fixed base operators, and air ambulances in civil suits across the Southeast. Mr. Park has also successfully defended suits involving product liability, motor vehicle accidents, and medical malpractice in state and federal court. In the subrogation context, he has actively participated in the recovery of over $5 million in connection with aviation, fire, water, and Carmack Amendment claims.

Mr. Howard is a trial lawyer with over 30 years’ experience handling complex personal injury and wrongful death cases. He has obtained some of the top trial verdicts in Georgia, been named as a Top 100 Georgia Super Lawyer six times, and is listed as one of the Best Lawyers in America by U.S. News. Mr. Howard has been inducted into the American Board of Trial Advocates, an invitation-only national organization of the most experienced and respected trial lawyers in each state. He also has served on the Executive Committee of the Georgia Trial Lawyers Association, the Board of Governors for the State Bar of Georgia, the Board of Directors for the Georgia Appleseed Center for Law and Justice, and as the president of the Sandy Springs Bar Association. Mr. Howard received his Juris Doctor from the University of Georgia School of Law in 1993. He was then admitted to both the Georgia and Virginia Bar in 1993. Mr. Howard spent almost a decade representing airlines and airports, trucking companies, contractors, and insurance companies. Since then, he has turned to individuals, families, and businesses in need of representation for harms caused by the wrongful conduct of others, including aviation, nursing home, medical malpractice, and auto and truck wrecks. Before attending law school, as a congressional legislative assistant, Mr. Howard worked with members of Congress on the Transportation Committee, including the Highways and Transit and Aviation Subcommittees, of the U.S. House of Representatives.

Mr. Katin-Borland joined Kreindler as an associate in January 2012. He currently works on a variety of cases in state and federal courts with a focus on complex products liability cases arising from aviation accidents and other transportation accidents. Mr. Katin-Borland has played an active role in litigation arising from numerous military, general aviation, commercial aviation and train accidents. He was one of the lead lawyers in ‘Lofgren v. Polaris Industries’ and is also heavily involved in the firm’s representation of former NFL players and their families in claims through the NFL Concussion Settlement Program.
Description
Investigating and litigating an aviation incident is complex and challenging. There are many different types of incidents, such as crashes, runway misses or skids, unruly passengers, turbulence, or contact with structures on the ground. Causes often overlap and combine to cause an accident and investigations can take months.
Claims typically sound in negligence or products liability in the operation, maintenance, or manufacture of the aircraft or its parts. Potential defendants include airlines, owners and operators of private aircraft, pilots, passengers, manufacturers, ground crew, maintenance crews, and a host of others. Attorneys must know how the National Safety Transportation Board (NTSB) investigates and determines causes, understand FAA regulations and related aviation statutes, including the General Aviation Revitalization Act of 1994, the Federal Tort Claims Act, and laws relating to unruly passengers, and be well-versed in preemption.
Aviation companies and parts manufacturers can present complex jurisdictional and choice of law problems. Federal agency involvement creates unique evidence preservation and spoliation issues. Special defenses may apply.
Listen as this panel of practitioners with experience litigating aviation incidents for both plaintiffs and defendants examines the aspects of these cases that make them unique. The program will outline theories of liability, discovery considerations, and practical strategies for pursuing or defending claims.
Outline
- Investigation
- Choice of forum, law
- Theories of liability
- Defenses
- Discovery
- Insurance
- Settlement
Benefits
The panel will review these and other key considerations:
- How are airliner accidents different from private aircraft accidents?
- Can NTSB findings be discovered, used, or challenged in court?
- What is the role of insurance in aviation accidents?
- When is state law preempted in aviation litigation?
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