US > Litigation > Product liability and mass tort defense: aerospace/aviation: National
Index of tables
Product liability and mass tort defense: aerospace/aviation
Leading lawyers
-
- Steve Bell, Perkins Coie LLP ‘A great legal mind’
- Robert Bourgeois, Banker Lopez Gassler ‘He’s terrific’
- Patrick Bradley, Reed Smith LLP ‘A day-to-day lead and strategist’
- Michael McQuillen, Adler Murphy & McQuillen ‘Top-of-class’
- L Robert Musat, Treece Alfrey Musat & Bosworth ‘A phenomenal litigator and trial lawyer’
- Don Rushing, Morrison & Foerster ‘World-class representation’
This section discusses the leading US law firms and attorneys in product liability, mass tort and class action defense divided by broad industry area. The law firms ranked in each subsection are considered to be the elite in that practice area, particularly in terms of ability to deliver oversight of complex multi-district litigation (MDL) and depth of first-chair talent for major trials. In several cases, firms are ranked in more than one subsection, indicating breadth of capability.
Specialized aerospace and aviation lawyers are more in demand than ever before, addressing cases spawned by terrorism and global warming, as well as crashes or defects experienced in the busy sky lanes. Here we present the best US firms and attorneys expert in this practice area.
PRACTICE: The fortunes of Condon & Forsyth LLP are extensively entwined with the aviation industry, which it serves through a combination of its product liability practice and specialist aviation and aerospace law practice. Clients are generally ‘very happy’ with this ‘excellent’ practice, citing its ‘user-friendliness’ and ‘knowledge of the client’s business’. The practice offers rare breadth in handling matters for manufacturers, insurers and airlines, and spanning both civilian and military aviation. Additionally, the group has experience in addressing satellite-related litigation and undertakes some prosecution work as well as defense-side engagements with the blessing of its clients - an indicator of the high esteem in which it is held. In particular, clients especially value the practice for its ability to provide ‘lead counsel on major airline disaster litigation’. In fall 2008, the practice built on this reputation when it was selected by British Airways and its insurers to be retained as mass accident counsel for the US.
Clients overall describe the practice’s lawyers as ‘approachable’, ‘very responsive’ and ‘very experienced in all aspects of aviation matters’. Diana Gurfel’s promotion to partner is a reflection that this boutique remains competitive and prosperous in an era of global mega-firms.
During 2008, the practice’s ‘pragmatic’ approach won through as, in acting as prosecuting attorneys for American Airlines, it procured a settlement between the client and the defendant, Airbus, ahead of trial. The litigation followed a three-year investigation and surrounded third-party product liability claims pertaining to the Belle Harbor crash of American Airlines Flight 587, an Airbus A300 passenger airplane, in 2001.
Defense-side representations include ongoing representation of Embraer in relation to the investigation and litigation following the midair collision of an Embraer Legacy 600 jet owned by ExcelAire with a Boeing 737-800 passenger aircraft, Gol Airlines Flight 1907, that killed 155 people over the Amazon rainforest in Brazil in September 2006. In July 2008, the case was removed from the US District Court for the Eastern District of New York to Brazil. Desmond Barry and Christopher Christensen also continue to act for American Airlines in relation to property damage and personal injury claims arising from the terrorist attacks against the World Trade Center on September 11, 2001. These include more than $20bn in claims by subrogated insurers of the complex and its owners.
CLIENTS: Airline clients include American Airlines, Air India, British Airways, China Airlines, KLM Royal Dutch Airlines, Korean Air, Lufthansa, Qantas Airways and Singapore Airlines. Other representations include manufacturers such as Honeywell and Marsh Aviation, and insurers AIG, AON Risk Services and Global Aerospace.
INDIVIDUALS: Veteran Desmond Barry in New York is internationally acclaimed in the aviation space and clients appreciate his ability to deliver ‘solution-driven advice’. Also in New York, ‘consistent and pragmatic’ Stephen Stegich is widely admired and, similarly to Barry, clients respect his ‘practical, problem solving approach’ and ‘knowledge of the insured’s business and product’.
New York-based Katherine Posner and Christopher Christensen are highly rated by clients. Frank Silane in Los Angeles is also recommended, as is Anthony Battista who is regarded as ‘a smart lawyer’.
PRACTICE: ‘Superlative,’ according to clients, Cozen O’Connor’s ‘outstanding’ aviation product liability practice is identified consistently as one of the leading groups in the sector - or even ‘far and away the best’ - not least because of its ‘aggressive litigators’, ‘creative thinking’ and ‘excellent reporting and client services’. Certainly it is one of the largest: more than 30 aviation attorneys are located across the US, and in 2006, the practice filled its one major gap by hiring Richard Dunn and Christopher Brown from Shook, Hardy & Bacon LLP to establish an important base in the Miami air corridor. The depth of the practice is evident from client recommendations: clients cite ‘top-notch research and writing’ and ‘the pace at which they work and the results they achieve in so short a time’ as some of the factors that make these attorneys among the best in their field.
Adept in a national counsel role, the practice’s attorneys are prepared to go to court, for example one client noting how, ‘if you want a matter tried to verdict, they will and there is no backtracking’. The scope of the practice includes defense representation of manufacturers, airlines and insurers. Cozen O’Connor’s busy construction litigation practice is a useful adjunct and one that might be leveraged in relation to airport matters.
Lawyers from the practice currently represent ExcelAire in relation to the midair collision of its Embraer Legacy 600 jet with Gol Air Flight 1907 in Brazil in 2006. In July 2008, the US District Court for the Eastern District of New York granted a forum non conveniens motion to remove the case to the Brazilian courts. The practice also recently won summary judgment in defense of Continental Airlines in an aviation-related personal injury case brought before the US District Court for the Eastern District of Pennsylvania. It also serves as defense counsel in product liability-related wrongful death suits connected to the bombing of PanAm Flight 103 over Lockerbie, Scotland, and continues to advise TAM concerning an aircraft accident in Brazil in 2007.
CLIENTS: Other clients include Aero Kool, Bell Helicopter, Hartzell Propeller, Honeywell, Jeppesen Sanderson, Raytheon, United Instruments and US Aviation Underwriters.
INDIVIDUALS: Ann Thornton Field in Philadelphia chairs the commercial litigation practice group and is well known in the aviation sector. Clients also value the experience of Philadelphia-based Thomas Harrington and the firm’s vice chairman, Patrick O’Connor, who divides time between the offices in Philadelphia and West Conshohocken. Christopher Brown in Miami is also recommended.
PRACTICE: Displaying what clients call ‘high quality and the right attitude’, Morrison & Foerster’s ‘world-class’ or ‘top-of-class’, broad-based product liability practice serves clients across the civilian and military aerospace/aviation sector, representing aircraft and component manufacturers, airlines, airport authorities and insurers. It actively litigates product liability matters in other industry sectors, but aviation is a prominent feature of its workload and a transportation practice group augments this focus by providing clients with a full range of ancillary expertise.
Morrison & Foerster’s aviation attorneys are ‘always on top of cases,’ according to clients. Mainly based in San Diego, the practice runs commendably deep. In January 2008, the firm elected to partner Erin Bosman, who has extensive experience in both aviation and life sciences. Clients describe the group as ‘very good’ to ‘excellent’, and ‘the right fit for us in terms of values and attitude’, exhibiting ‘greater understanding and experience than most in complex aviation accident litigation’. Furthermore, clients repeatedly express how they value the attorneys’ ‘inherent trustworthiness’ and trust their ‘judgement and advice on all matters’.
One note of caution is that clients consistently say ‘billing rates are high’, an issue increasingly of importance due to the credit crunch and a factor that suggests its expertise fits best with lead or national counsel roles on high-exposure cases and major litigation rather than more moderate matters.
Like other leading practices in the area, Morrison & Foerster’s lawyers are involved in litigation surrounding the midair crash between Gol Airlines Flight 1907 and an ExcelAire jet in Brazil, in regard to which the practice represents Honeywell. In July 2008, defendants obtained a forum non conveniens ruling in the US District Court for the Eastern District of New York to remove the case to Brazil where damages exposure is less.
In an interesting case that has potential to shape flight safety law, lawyers from the practice are representing Alaska Airlines in a lawsuit filed by first-class passengers from Flight 694 that was diverted to Reno. Plaintiffs want compensation for the diversion. Having initially won summary judgement for the defense, the case is now on appeal before the Ninth Circuit and will consider issues as to the degree of flexibility to which flight crews are entitled when making decisions about diversions based on issues of safety. In other matters, the practice continues to represent Honeywell in relation to Boeing Chinook helicopter crashes off the coast of Greece and in Afghanistan. It is also acting for Cessna and Global Aerospace as national coordinating counsel in defense of litigation arising from a series of crashes of Cessna Caravan 208 airplanes flown in icy conditions. An MDL is pending in district court in Kansas after consolidation of cases from numerous other states.
CLIENTS: Clients include Alaska Airlines, American Airlines, Boeing, Cessna, General Dynamics, Northrop, Northwest Airlines and Sikorsky Helicopters. The practice also represents airport authority clients such as MacCarran Airport (Las Vegas), San Diego County Regional Airport and San Francisco International.
INDIVIDUALS: Clients are huge fans of ‘extraordinarily client-focused’ San Diego-based Don Rushing and James Huston - ‘both provide world-class representation’ and are ‘highly experienced, responsive and creative’. Former USAF officer Rushing is ‘intelligent, compassionate and listens to his clients’ and ‘achieves good results’, while the ‘dependable’ Huston displays ‘superior legal skills’.
Clients also recommend appellate chair Beth Brinkmann in Washington DC, and the ‘very helpful’ and ‘pragmatic’ senior associate William O’Connor in San Diego.
PRACTICE: Perkins Coie LLP fields a specialist aviation/aerospace product liability practice fronted by 24 US partners primarily out of its Seattle headquarters, with more limited capacity in Chicago, Los Angeles and Washington DC. Clients unanimously regard the practice as being in the top tier, one saying ‘we only use grade A firms that we trust... and I can’t give it a higher recommendation than that’. Rather differently from other top practices in this sector, Perkins Coie LLP’s core expertise focuses heavily on ‘really outstanding’ representation of an extensive list of manufacturers of civilian and military aircraft and parts as well as satellite and aerospace companies. It is not widely involved in the representation of airlines or insurers. But Perkins Coie LLP’s nearly century-old commitment to the industry, and what clients call its capacity to ‘balance aggression with good reason and an ability to settle’, means that it can only be accorded a place in the top echelon of aviation product liability practices.
Related practices such as its aircraft financing, e-discovery and appellate groups provide clients with a well-rounded proposition known for ‘top-notch work product’ and ‘strong advocacy’.
Several of the practice’s senior partners rank ‘in that top bracket of product liability lawyers’, according to clients, and its depth of bench is comparable with any other.
Perkins Coie LLP continues to represent extensively Boeing, a relationship that has lasted ever since the client’s incorporation nearly a century ago. In January 2008, the practice successfully persuaded the US Court of Appeals for the Ninth Circuit to affirm a California district court’s decision to dismiss on the notion of forum non conveniens product liability claims pertaining to the crash of a Singapore Airlines Boeing 747 that crashed in Taiwan. In 2007, the practice won a defense verdict for Boeing in the US District Court for the Northern District of Illinois in relation to product liability claims arising from Helios Airways Flight HCY522, which crashed near Athens in Greece in 2005. The 121-fatality crash was found to have resulted from successive human errors. For Corning, a manufacturer of specialty glass and ceramic components for high-tech systems, Perkins Coie LLP successfully defended it against product liability claims for the alleged degradation of performance in telecommunications satellite.
CLIENTS: Other clients include Honeywell, McDonnell Douglas Helicopter Company, Raytheon, Teledyne and Twin Commander.
INDIVIDUALS: All of the recommended partners are based in Seattle, unless noted otherwise. Product liability practice chair John Dillow is widely respected by clients as an ‘exceptionally fine litigator’ and one who is ‘extremely responsive’. Clients ‘rely heavily’ on V Woolston and Christian Moller, who are both ‘very good and very dedicated’ attorneys. They, along with Clark Nichols in Bellevue, are ‘fine litigators’. Also recommended are ‘phenomenal’ Steve Bell, who has ‘a great legal mind’ and particular expertise in relation to helicopters, and Bruce Campbell, who is ‘one of the best’. Clients also value Thomas McLaughlin and David Biderman, who divides his time between Los Angeles and San Francisco.
PRACTICE: Adler Murphy & McQuillen is a Chicago-based litigation boutique with a proud and extensive history in the aviation theater. ‘The lawyers at Adler Murphy & McQuillen are great’, say clients and the majority of the firm’s 19 attorneys are involved in product-related aviation litigation, making this one of the larger practices in the space. The practice enjoys broad representation that encompasses manufacturers, airlines, underwriters, airports and aviation authorities. For clients, this firm is ‘go-to national coordinating counsel’ or ‘among our top firms’, and brings ‘a practical, problem solving approach’ to proceedings. The modest size of Adler Murphy & McQuillen means that it does not bring to bear all the ancillary practices to be found at full-service competitors and cannot bring in extra bodies from related disciplines in the way that the largest firms can. But for the specifics of litigation and appeals, the practice is a destination of choice. Clients agree that the practice also represents ‘very good’ or ‘great value’.
Adler Murphy & McQuillen recently headed off consolidated litigation filed against its client Honeywell in the Federal Court for the Eastern District of Louisiana. The cases related to claims arising from a helicopter crash in the Gulf of Mexico in 2004. The lawsuits alleged wrongful deaths and product liability pertaining to the operational performance of a flight control system manufactured by Honeywell and installed in the Sikorsky S-76 that crashed. After discovery and pre-trial motions, plaintiffs dropped the allegations.
CLIENTS: The practice also represents AAR Corp, Beech, Cessna, Honeywell, Northwest Airlines, Southwest Airlines, Republic Airlines, S-Tec and United Airlines.
INDIVIDUALS: Clients recommend all three name partners. A veteran of more than 40 years’ experience, John Adler is ‘very well known’, ‘a very good lawyer’ with ‘a great deal of expertise’. Clients view Michael McQuillen as ‘top-of-class’ and ‘value him tremendously’ because he is ‘an excellent attorney’ who ‘makes our needs his own’. James Murphy is another ‘excellent lawyer’.
PRACTICE: Jones Day produces ‘very good service and excellent results’ for clients in the aviation product liability space, providing ‘top-notch’ and ‘high-quality’ expertise - ‘especially excellent writing ability’ - primarily for a selection of major component manufacturers. Clients are happy with the fine quality of the attorneys but the group is relatively small, drawing on the talents of product liability attorneys in the airline & aviation practice - a group led by 14 US-based partners - and the wider support from the general product liability & tort litigation practice. The practice’s partners in London and Paris are a positive balancing factor that lend it useful international capabilities.
Nonetheless the modest size of this Pittsburgh and Dallas-based team, plus concerns that billing rates are too expensive, are among the reasons why Jones Day’s client base in this practice area is limited to a relatively few ongoing major relationships. While the quality of these engagements is substantial, the practice’s body of work is not comparable with the more extensive experiences of the top-tier firms. The bulk of the practice’s current workload is for component makers rather than aircraft manufacturers, airlines or insurers. Typically, the practice is used in a coordinating counsel and litigation management role where it can excel with ‘genius tactics’ and ‘leave no stone unturned’. Although its lawyers do have trial experience, clients consider the practice ‘does not have as much in-court experience’ as some competitor firms.
Parker Hannifin is Jones Day’s most extensive client relationship, one that covers not only product liability but also issues such as intellectual property, antitrust and corporate strategy.
For example, the practice continues to act for Parker Hannifin as co-defendant in defense of product liability claims arising from the Red Sea crash of Flash Air Flight 604, a Boeing 737-300 airplane containing parts manufactured by the client, in January 2004. After defeating a US lawsuit, the claims were removed to France, where Bobigny Court asserted jurisdiction. Plaintiffs took the case to the Paris Court of Appeals, which overturned the decision at Bobigny and potentially allows the case to be filed again in a new US venue. Jones Day has now appealed to the French Supreme Court.
Elsewhere, in Romeo Bravo et al v Lycoming Engines, a Jones Day team finally defeated a putative class action seeking damages in connection with the withdrawal from circulation of airplane crankshafts manufactured by Lycoming Engines. In March 2008, the trial court decertified the class and, in July 2008, the US Court of Appeals for the Ninth Circuit denied plaintiffs motion to appeal.
CLIENTS: Clients include Dow Corning, Lycoming Engines (and its parent company Textron), Parker Hannifin and Swissair.
INDIVIDUALS: Pittsburgh partner Dana Baiocco is frequently commended, clients saying that she is a ‘very tough litigator’, ‘a very positive influence’ and someone who ‘provides efficient and effective legal counsel relative to some very difficult situations’. In the same office, ‘very smart’ John Goetz is widely respected by clients as an ‘excellent tactician and writer’. Robert Walker in Cleveland is ‘a terrific strategist’. In Dallas, veteran Thomas Fennell is as ‘an excellent manager’, according to clients, while the ‘amazing’ Michael Rice also wins plaudits.
PRACTICE: ‘All of the aviation practice group are responsive, well-informed and very skilled attorneys’, says one client of Reed Smith LLP, an opinion widely shared. Clients say the practice is ‘excellent in every respect’, has ‘exemplary legal skills’ and is typified by ‘responsiveness and prompt service’ as well as ‘accessibility to the attorneys’. The practice represents mainly manufacturers, but has several engagements with airlines and airport authorities, meaning that it has the experience to act for most clients. Recent crash-related cases have involved light aircraft rather than large-scale airliner disasters. Clients generally regard the practice as ‘cost-effective’, leanly staffed and efficient; some others say that ‘cost is an issue, but the group is more cost-effective than most’.
Patrick Bradley leads the practice and is considered by clients to be the key figure, and although they appreciate the support from other partners and several good, ‘reliable’ and ‘responsive’ associates, this is a practice less deep than the top-tier contenders.
Reed Smith LLP acts as national counsel to Cirrus Design in relation to product liability matters. Among the caseload for this client is Melanie Lidle et al v Cirrus Design Corporation et al, a prominent case concerning the crash of a Cirrus SR20 light airplane piloted by former New York Yankees’ baseball star, Corey Lidle. The case is currently in pre-trial discovery and pending in the US District Court for the Southern District of New York.
In October 2008, lawyers from the practice obtained a summary judgement dismissal of another Cirrus SR20 case brought in Mobile County, Alabama in relation to a fatal crash near Angel Fire, New Mexico in 2002. The practice is also representing Piper Aircraft in a case pending in Maryland in relation to a three-fatality crash in 2007 and acting for KS Bearings in relation to litigation following a Cessna crash.
CLIENTS: In addition to clients noted above, Reed Smith LLP clients include Boeing, the City of Chicago, the Federal Aviation Administration (FAA), JetBlue, Spirit Airlines, SPS Technologies and US Airways.
INDIVIDUALS: Princeton-based practice leader Patrick Bradley is ‘a knowledgeable, excellent attorney’, according to clients, being someone who serves well as ‘a day-to-day lead and strategist’. Ginger Heyman Pigott in Los Angeles, who is ‘is excellent at document retention and documenting’ and ‘just a good all-round lawyer’, and Washington DC-based counsel Courtney Bateman are other significant figures in the practice. Both Bradley and Bateman formerly served as counsel at the FAA and retain strong links there.
PRACTICE: Banker Lopez Gassler extracted its aviation litigation practice as part of the firm’s demerger from Fowler White Boggs P.A. in November 2008. The split lifted out 60 lawyers - of which five shareholders spend time in handling aviation litigation - into the new firm with an established client base. In theory, the aviation product liability practice will continue unaffected by the upheaval, but only time will tell if the group succeeds in retaining its entire book of business. At the former firm, the practice enjoyed relations with passenger airlines, aircraft lessors, manufacturers, airport and aviation authorities and insurers, and was able to leverage its base in the Florida air corridor - and access to the Caribbean - as a selling point in attracting airline clients. Banker Lopez Gassler remains rooted in Florida, but the loss of some of the ancillary services left behind at Fowler White Boggs P.A. might give clients pause for thought in maintaining relations.
Previously described by clients as ‘the best aviation practice in Florida’, it remains to be seen how this modest-sized group transitions over. The wealth of trial experience among its senior lawyers would seem set to stand the practice in good stead for the future, and clients note how the lawyers ‘are not afraid to try cases’.
In 2007, the practice represented Bell Helicopter (a Textron subsidiary) in relation to a Brazilian crash involving one of its helicopters and had the case dismissed from the Florida courts on grounds of forum non conveniens. The practice will be keen to maintain engagements with recent client wins like Lycoming Engines and Avco (also part of the Textron umbrella group).
CLIENTS: Other clients include AIG Aviation, Continental Airlines, Delta Airlines, Global Aerospace, Learjet and its owner Bombardier Aerospace.
INDIVIDUALS: ‘An excellent trial lawyer’, Robert Banker has tried hundreds of cases including many in the aviation arena. Clients say of Robert Bourgeois, ‘he’s terrific’.
PRACTICE: Bryan Cave LLP has a long tradition of working in the aviation sector, ever since it began to represent McDonnell (now McDonnell Douglas) in World War Two. These days, the product liability practice’s primary engagements are for aircraft and components manufacturers, as well as certain airports. However, the client roster is relatively limited by comparison with the upper-tier practices and the absence of substantial airline engagements is another gap that points to this growing practice not yet being a comprehensive package for aviation litigation. The practice’s experience spans trials, complex litigation (such as MDL) and alternative dispute resolution services. The defect defense group advises clients on potential liability issues, risk management and product recalls - matters that account for around half of the practice’s time.
Clients say the practice fields some ‘very responsive’ attorneys with ‘excellent skills’, but it is a group that contains only one standout name in aviation in the form of Jeffrey Morof. The firm will need to build both the extent of its client relationships and the depth of its bench of senior aviation specialists if the practice is to progress.
In late 2008, Bryan Cave LLP lawyers defended Teledyne in a jury trial in California brought by a plaintiff injured in an airplane crash in which the engine was manufactured by Teledyne. The plaintiff demanded $46m for past and future medical expenses against the client and its co-defendant Aviation Classics. The jury found the defendants partially liable, result in a $14.9m award, less than one-third of the original claim. The practice obtained summary judgement for Teledyne Continental Motors in a wrongful death suit in the Philadelphia County Court of Common Pleas concerning a Beech V35B light aircraft crash in Delaware in 2003. The judge rejected plaintiffs’ notion that the crash was caused by a defective engine crankcase manufactured by Teledyne.
CLIENTS: Clients include Guam Airport, Jeppesen Sanderson, the Port Authorities of New York and New Jersey as well as Teledyne.
INDIVIDUALS: Jeffrey Morof and R Bruce Duffield in Chicago are both recommended by clients. Duffield has ‘a tremendous level of experience, yet remains humble’ and ‘aggressively defends his clients’, while Morof is ‘a real scholar’ and ‘highly respected’. Of-counsel Douglas Winter in Washington DC is also well regarded.
PRACTICE: Nixon Peabody LLP’s reputation in the aviation product liability space stems in part from a 40-year presence in the space, and in part from the kudos earned as an expert in representing the National Transportation Safety Board in crash investigations. The practice also set precedent in winning Saks v Air France, a seminal verdict that defined an accident for the purposes of determining airline liability under the terms of the Warsaw Convention, but its recent activity has been less spectacular. Four dedicated aviation partners draw on the support of the wider product liability practice as necessary. The practice provides national counsel and trial counsel representation for a variety of airplane and helicopter manufacturers, insurers and airlines, mixing a willingness to reach expedient settlements with the resolve to meet challenges in court. Clients consider billing to be reasonable and flexible.
Nixon Peabody LLP’s aviation product liability team acts for EADS/Aerospatiale in defense of litigation arising from the Concorde passenger jet crash at Gonesse, France in 2000. The practice won a victory for American Eurocopter in Ventura County against liability claims relating to the crash in 2004 of a helicopter manufactured by the client.
CLIENTS: Clients include AIG Aviation, Airbus Industries, Bell Helicopters, Continental Airlines, Corsair, Learjet and Philippine Airlines.
INDIVIDUALS: Brian Dalrymple serves as deputy leader of the product liability practice and is a veteran of NTSB investigations, while Stephen Johnson is also well regarded. Both are based in San Francisco.
PRACTICE: The strengths of this practice are ‘strategic thinking and practical implementation’, according to clients. The six-partner aviation litigation group resides within Sidley Austin LLP’s broader products liability practice and provides counsel on a range of litigation and risk assessment matters. It has a particular reputation for settlements - clients deem it ‘very good at advising on proactive litigation avoidance’ - and the practice probably best fits a role where early or confidential resolution is expedient. If clients are determined to go to trial, other practices ranked in this section may present better options. Existing clients have ‘very high regard’ for a practice that provides ‘very experienced, very intelligent’ counsel.
Among Sidley Austin LLP’s highlights is its ongoing defense of GE Commercial Aviation Services (GECAS), which had leased the McDonnell Douglas MD-82 aircraft involved in the Lion Air Flight 538 crash in Indonesia in 2004. Pursuing a settlement strategy, the practice successfully ended most of the lawsuits after the discovery phase and in 2008 ended the litigation by settling all remaining court cases.
CLIENTS: Other clients include American Airlines and its subsidiaries.
INDIVIDUALS: The central figures in the aviation practice are noted strategist Lory Barsdate Easton in Washington DC and Sheila Sundvall in Chicago, both of whose expertise dates back 20 years. Clients say both are ‘very responsive’ and ‘pay careful attention to detail’.
Dombroff Gilmore Jaques & French
PRACTICE: Founded fifteen years ago, Dombroff Gilmore Jaques & French is a four-office firm focused on trial and litigation. It ‘does a good job’ for clients, handling matters in both civilian and military aviation sectors, representing manufacturers, airlines, insurers and a large number of airports. Airport representation and light aircraft matters comprise a substantial portion of the firm’s portfolio of cases and may be considered specialist areas. For example, the group acts as national counsel to more than 240 airports (including Chicago O’Hare, Atlanta Hartsfield and Miami International) through its Airports Litigation Program for AIG Aviation. The firm also acts as national product liability counsel to Mooney Aircraft and Piper Aircraft Irrevocable Product Trust.
CLIENTS: This practice acts for Allied Aerospace, Cessna, Associated Aviation Underwriters, Northwest Airlines, Phoenix Aviation Underwriters, Southwest Airlines, United Airlines and US Airways.
INDIVIDUALS: ‘Highly experienced’ Mark Dombroff in Washington DC is a veteran of aviation litigation who is well regarded by clients.
Treece Alfrey Musat & Bosworth
PRACTICE: Denver-based Treece Alfrey Musat & Bosworth is a litigation boutique that covers this area through its product liability and aviation law practices. The practice represents primarily airlines and aviation insurers in litigation, alternative dispute resolution and appeals. Clients rate the practice as ‘good quality’ and ‘go-to for aviation product liability’, but the practice is constrained by its small size - the whole firm comprises just 12 members and eight associates. This means that it does not offer the scale for self-standing operations in the largest cases, although it has sent trial teams that performed admirably in major cases, such as New York cases in relation to the crash of PanAm Flight 103 over Lockerbie, Scotland. During 2008, the practice was involved in litigation surrounding the Comair Flight 5191, which crashed near Lexington in Kentucky in 2006. The cases have been brought before the US District Court for the Eastern District of Kentucky.
CLIENTS: Clients include ACE USA, Delta Airlines, Frontier Airlines and United States Aviation Underwriters.
INDIVIDUALS: L Richard Musat’s practice includes a significant element of aviation product liability matters. Clients call him ‘a phenomenal litigator and trial lawyer’.