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

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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 , 1996 York to to • 230 people killed: 2 pilots, 2 flight engineers, 14 flight 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 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 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 • 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 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

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 -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 , 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 DBA F L I G H T 3407

• Crashed into a house in Clarence Center, New York , 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 Studies C A S E S T U D Y USAF FLIGHT IFO-21

28 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies USAF FLIGHT IFO - 21

• Crashed on approach to Dubrovnik carrying Commerce April 3, 1996 Secretary Ron Brown Zagreb to Tuzla to Dubrovnik • 35 killed: 2 pilots, 1 flight mechanic, 3 stewards, and 30 Boeing CT-43A passengers

29 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y USAF FLIGHT IFO - 21 ACCIDENT REPORT

• Failure of command • Air crew error • Improperly designed instrument approach procedure

30 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y USAF FLIGHT IFO - 21 LEGAL ISSUES

• US Government Liability • Military Claims Act • Federal Workers Compensation Bar • Products Liability

31 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y HUDSON RIVER MID-AIR

32 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies HUDSON RIVER MID - AIR

• Airplane waiting for IFR clearance struck helicopter from behind over the Hudson River near Frank Sinatra Park August 9, 2009 • 9 killed: 1 pilot and 2 passengers aboard the Piper PA- Hudson River VFR Corridor 32R and 1 pilot and 5 passengers aboard the Eurocopter Eurocopter AS350 & Piper PA-32R AS350

33 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y HUDSON RIVER MID - AIR ACCIDENT REPORT

9 people killed over the Hudson when airplane waiting for IFR clearance strikes helicopter from behind.

34 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y HUDSON RIVER MID - AIR LEGAL ISSUES

• Government liability under the FTCA • Government duty to warn • Causation • Discretionary Function

35 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y ASIANA FLIGHT 214

36 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y : ASIANA AIRLINES FLIGHT 214

• Crashed on final approach into San Francisco International Airport July 6, 2016 • 307 people on board: 3 captains, 1 , 12 flight Seoul to San Francisco attendants, and 291 passengers (3 passenger fatalities) Boeing 777-28EER

37 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y ASIANA AIRLINES FLIGHT 214 ACCIDENT REPORT

• 3 teenage students lost their lives and 187 others onboard suffered serious personal injuries • NTSB findings concluded "Mismanagement of Approach and Inadequate Monitoring of Airspeed led to the Crash of Asiana flight 214".

38 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y ASIANA AIRLINES FLIGHT 214 LEGAL ISSUES

• Montreal Convention • Attorney Solicitation • Products Liabilities • First Responders

39 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y LEWIS v. LYCOMING

40 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y : LEWIS v. LYCOMING

• Crashed on Barnaby Sands on the east bank of River Wyre, near Stalmine, Lancashire September 22, 2009 • 2 people on board: 1 Flight Instructor and 1 Student Blackpool to Blackpool Schweizer 269C-1 (300CB)

41 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y LEWIS v. LYCOMING ACCIDENT REPORT

• Gray was practicing autorotation maneuvers while a student of Lewis - a certified flight instructor • Lewis issued a mayday call, which transmission included the word, "failure."

• A low-R.P.M. warning tone could be heard, indicating that the helicopter's main rotor blade had ceased to rotate at a safe speed.

42 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies C A S E S T U D Y LEWIS v. LYCOMING LEGAL ISSUES

• Products Liabilities • Preemption

43 Aviation Law 201: Aviation Law That Lawyers Must Know – Case Studies Questions? Comments? Contact:

Justin T. Green Kreindler & Kreindler LLP 750 Third Avenue, 32nd Floor New York, NY 10017 (212) 687-8181 [email protected] Kreindler.com

244 Aviation 201: Aviation Law That Lawyers Must Know – Case Studies