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Aviation Law 201: Court Decisions That Every Aviation Lawyer Should Know

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Aviation Law 201: Court Decisions That Every Aviation Lawyer Should Know Aviation Law 201: Court Decisions that Every Aviation Lawyer Should Know 2018 Edition LawPracticeCLE is a national continuing legal education company designed to provide education on current, trending issues in the legal world to judges, attorneys, paralegals and other interested business professionals. New to the playing field, LawPracticeCLE is a major contender with its offerings of Live Webinars, On-Demand Videos, and In-person Seminars. LawPracticeCLE believes in quali- ty education, exceptional customer service, long-lasting relationships and networking beyond the classroom. We cater to the needs of three divisions within the legal realm: Pre-Law and Law Students, Paralegals and other support staff, and Attorneys. At LawPracticeCLE, we partner with experienced attorneys and legal professionals from all over the country to bring hot topics and current content that are relevant in legal practice. 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LawPracticeCLE does not seek approval in Illinois or Virginia, however the necessary documentation to seek CLE credit in such states will be provided to the registrant upon request. Facebook: https://www.facebook.com/LawPracticeCLE Instagram: https://www.instagram.com/lawpracticecle LinkedIn: https://www.linkedin.com/company/lawpracticecle Twitter: https://twitter.com/LawPracticeCLE AVIATION LAW 201 Aviation Law That Lawyers Must Know - Case Studies Presented by Justin T. Green, Partner - Kreindler & Kreindler LLP About Justin T. Green ▪ Partner, Kreindler & Kreindler LLP ▪ Former U.S. Marines Helicopter Pilot ▪ CNN On-Air Aviation Analyst ▪ Fordham University School of Law, J.D., 1995 ▪ Union College, B.A. Ecnomics, 1984 About Kreindler Kreindler is a worldwide leader in the practice of aviation plaintiffs’ law. The aviation legal industry’s most highly respected book, Aviation Accident Law, is authored and edited by Kreindler partners. 22 Aviation 201: Aviation Law That Lawyers Must Know – Case Studies CASE STUDIES 3 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y TWA FLIGHT 800 4 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies T W A F L I G H T 8 0 0 • Crashed into the Atlantic Ocean near East Moriches, New July 17, 1996 York New York to Paris to Rome • 230 people killed: 2 pilots, 2 flight engineers, 14 flight Boeing 747-100 attendants, and 212 passengers 5 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y TWA FLIGHT 800 ACCIDENT REPORT • Electrical sparks ignited fuel vapors • Caused center cell fuel tank to explode 6 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y TWA FLIGHT 800 LEGAL ISSUES • Products Liability • Death on the High Seas Act (DOHSA) • Warsaw Convention 7 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y SWISSAIR FLIGHT 111 8 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies S W I S S A I R F L I G H T 1 1 1 • Crashed into Canadian Territorial waters near Peggy’s September 2, 1998 Cove New York to Geneva • 229 killed: 2 pilots, 1 purser, 11 flight attendants, and 215 McDonnell Douglas MD-11 passengers 9 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y SWISSAIR FLIGHT 111 ACCIDENT REPORT • Wiring and insulation defects • Widespread fire 10 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y SWISSAIR FLIGHT 111 LEGAL ISSUES • Warsaw Convention • Products Liability • Choice of Law (DOHSA) 11 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y PAN AM FLIGHT 103 12 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies P A N A M F L I G H T 103 • Crashed onto residential areas of Lockerbie, Scotland December 21, 1988 • 254 people killed: 2 pilots, 1 flight engineer, 2 pursers, 11 Scheduled: Frankfurt to London to New York to flight attendants, and 243 passengers Detroit Boeing 747-121 • 11 Lockerbie residents killed on the ground 13 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y PAN AM FLIGHT 103 ACCIDENT REPORT Bomb (improvised detonation device) located in the luggage compartment took the plane down between New York and London. 14 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y PAN AM FLIGHT 103 LEGAL ISSUES • Warsaw Convention Limit • Willful Misconduct 15 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y AA FLIGHT 587 16 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies AMERICAN AIRLINES FLIGHT 587 • Crashed into the Belle Harbor neighborhood of Queens, New York November 12, 2001 • 261 killed onboard: 2 pilots, 7 flight attendants, 251 New York to Santo Domingo passengers, and 1 dog Airbus A300B4-605R • 6 killed on the ground: 5 bystanders and 1 dog 17 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y AMERICAN AIRLINES FLIGHT 587 ACCIDENT REPORT Vertical stabilizer and rudder separated from aircraft in flight. 18 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y AMERICAN AIRLINES FLIGHT 587 LEGAL ISSUES • Warsaw Convention • Product Liability 19 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y COLGAN AIR FLIGHT 3407 20 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies COLGAN AIR DBA CONTINENTAL CONNECTION F L I G H T 3407 • Crashed into a house in Clarence Center, New York February 12, 2009 • 49 killed: 2 pilots, 2 flight attendants, and 45 passengers Newark to Buffalo • 1 resident of the house killed Bombardier DHC8-402 Q400 21 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y COLGAN AIR FLIGHT 3407 ACCIDENT REPORT • Inappropriate crew response • Stalled during landing approach 22 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y COLGAN AIR FLIGHT 3407 LEGAL ISSUES • Preemption • Punitive Damages • Montreal Convention 23 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y MALAYSIA FLIGHT 370 24 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y : M A L A Y S I A F L I G H T 370 • Disappeared, made last voice contact over the South China Sea March 8, 2014 • Biggest Aviation Mystery in History Kuala Lumpur to Beijing • 239 people on board: 2 pilots, 10 flight attendants, and Boeing 777-200ER 227 passengers 25 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y MALAYSIA FLIGHT 370 ACCIDENT REPORT • 26 countries have participated in the search effort • Over 41,000 square kilometers of ocean floor has been analyzed and mapped without locating the aircraft’s AVR, FDR, or any other wreckage 26 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y MALAYSIA FLIGHT 370 LEGAL ISSUES • Montreal Convention • Products Liability? • Jurisdiction • Choice of law 27 Aviation Law 201: Aviation Law That Lawyers Must Know – Case
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