Litigating the Aviation Case, Fourth Edition

Claims based on aviation crashes are complex and challenging, requiring extensive commitments of time and resources as well as expertise with aviation and engineering principles coupled with detailed legal analysis. Litigating the Aviation Case provides a solid base of knowledge for the aviation novice as well as the seasoned practitioner with updates on existing issues and identification of the new issues facing the aviation litigator to ensure effective advocacy. Chapters address critical and evolving issues in aviation litigation, including jurisdiction; forum non conveniens; the Montreal Convention; issues with unruly passengers; preservation of evidence; insurance coverage; damages, and more. The authors also share tips and strategies for taking an aviation case to court, including: locating recognized sub-specialists; maximizing the effectiveness of evidence; effective opening and closing statements; cross-examining witnesses; and developing winning trial strategies.

List of contents

PART I - Claims and Defenses

Chapter 1: Air Carrier Liability for Passenger Injury or Death Occurring during International Carriage by Air: An Overview of the Montreal Convention of 1999

Chapter 2: Practical Case Considerations for the Plaintiff's Aviation Attorney

Chapter 3: Preemption of State and Local Aviation Law

Chapter 4: Unruly Passenger Litigation under Domestic and International Law

Chapter 5: Prosecuting and Defending a Product Liability Action against an Aircraft or Component Manufacturer

Chapter 6: Emergency Response and NTSB Form 6120.1: At the Intersection of Tort, Coverage, and Regulatory Litigation

Chapter 7: Navigating the General Aviation Revitalization Act of 1994

Chapter 8: Litigating with the U.S. Government: The Discretionary Function Exception in Aviation Cases

Chapter 9: Litigating the Aviation Maintenance Case

Chapter 10: Defending Claims against Ground Service Providers

Chapter 11: The Government Contractor Defense in Aviation Litigation

Chapter 12: Liability of Owners/Lessors and Negligent Entrustment

Chapter 13: Defending Air Carriers against Claims Involving Parental Child Abductions

Chapter 14: Class Action Litigation

Chapter 15: Complete Preemption and the Montreal Convention: Ending the Decades-Long Debate

Chapter 16: The Economic Loss Rule and Aviation Accident Litigation

PART II - Jurisdiction, Venue, and Applicable Law

Chapter 17: The Doctrine of Forum Non Conveniens: Its Historical Application to Aviation Accident Litigation and a Preview of Its Future Viability

Chapter 18: The Foreign Sovereign Immunities Act: A History of Restrictive Immunity

Chapter 19: The Turbulent Path to Federal Jurisdiction in Aviation Cases

Chapter 20: Federal Officer Removal Jurisdiction and the Government Contractor Defense

Chapter 21: Choice of Law in Aviation Accident Litigation

Chapter 22: Multidistrict Litigation Practice and Procedure

Chapter 23: Personal Jurisdiction and the Foreign Defendant

PART III - Discovery and Trial

Chapter 24: Admissibility and Use of Government Aviation Accident Investigation Reports

Chapter 25: NTSB Investigations of Aircraft Accidents

Chapter 26: Litigating a Foreign Aviation Crash

Chapter 27: The Duty to Preserve and Claims of Spoliation in the World of Aviation Litigation

Chapter 28: Best Practices in Electronic Discovery in Aviation Cases¿Preservation through Production

Chapter 29: Expert Witnesses in Aviation Litigation: The Strategic Selection and Deployment of Aviation Experts

Chapter 30: Pre-Suit Discovery: How to Ask Questions First So That You Can Sue Later

PART IV ¿ Insurance Considerations

Chapter 31: An Aviation Insurance Primer: An Overview for the Aviation Practitioner

Chapter 32: Issues in Identifying Insureds and Scope of Coverage for Additional Insureds under Aviation Policies

PART V - ADR, Damages, and Settlements

Chapter 33: The Use of Alternative Dispute Resolution in Aviation Cases

Chapter 34: Punitive Damages in Aviation Cases

Chapter 35: Punitive Damages in Aviation Litigation

Chapter 36: Wading through the Choice of Law Quagmire: A Guide for the Uninitiated

Chapter 37: Medicare Reimbursement and Compliance in Air Carrier Liability Cases

Chapter 38: U.S. Sanctions Overview for Aviation Claims

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Table of Cases

Index

About the author

Andrew has extensive experience in airline disaster, aviation cargo, complex tort, insurance and products liability litigation. He has represented clients and tried cases arising out of aviation mass disasters and has extensive appellate experience, having argued numerous appeals before federal and state appellate courts throughout the nation, including two cases before the United States Supreme Court. Andrew has published articles on a variety of issues relating to domestic and international aviation liability and insurance law and since 1991, he has been the co-editor of Aerospace Risk. Andrew has been a frequent lecturer at conferences sponsored by the International Air Transport Association, the American Bar Association and various foreign bar organizations and has been consulted by and testified before U.S. Senate Committees regarding proposed legislative changes to existing aviation and maritime laws. Currently he is an adjunct professor at the Institute of Air and Space Law at McGill University and an instructor at the International Training and Development Institute of the International Air Transport Association. Andrew is a partner of Condon & Forsyth LLP in New York, New York.

Summary

Aviation law is a constantly evolving area of practice, continuing to change in response to the many challenges facing the industry as a whole. Litigating these cases is notoriously complex and challenging, requiring extensive expertise with aviation and engineering principles coupled with detailed legal analysis. A long-trusted resource, this updated edition of Litigating the Aviation Case provides current information and strategic guidance on all aspects of aviation litigation.

An overview and analysis of the current legal issues in aviation litigation by the most prominent names in the aviation legal community, this new edition offers important updates and insights on traditional issues as well as in-depth discussion of the new issues that have arisen recently, many of which are in response to the multijurisdictional nature of aviation. The book’s authors examine new legal issues as well as twists on traditional litigation matters, including:

• Jurisdiction


• Forum non conveniens


• Preemption


• The Montreal Convention


• Unruly passengers


• Preservation of evidence


• Insurance coverage


• Damages


• The impact of trade sanctions and Medicare on litigation, and more

Litigating the Aviation Case provides a solid base of knowledge for the aviation novice as well as the seasoned practitioner with updates on existing issues and identification of the new issues facing the aviation litigator to ensure effective advocacy. It also offers strategic guidance on the full array of aviation litigation issues, including:

• Locating recognized sub-specialists


• Maximizing the effectiveness of evidence


• Presenting effective opening and closing statements


• Cross-examining witnesses


• Developing winning trial strategies

Product details

• Authors: Andrew J Harakas, Andrew J. Harakas
• Assisted by: Andrew J. Harakas (Editor)
• Publisher: American Bar Association
• Languages: English
• Product format: Paperback / Softback
• Released: 31.05.2019
• EAN: 9781634255806
• ISBN: 978-1-63425-580-6
• No. of pages: 880
• Dimensions: 3 mm x 254 mm x 48 mm
• Weight: 1501 g
• Subjects: Social sciences, law, business > Law > International law, foreign law; Rechtssysteme: Zivilprozessrecht, LAW / Air & Space, Legal Reference / Law Profession, LAW / Litigation, LAW / Personal Injury, Personenschaden