Litigation

Our Firm’s litigation practice includes litigating business disputes, regulatory, employment, aviation, commercial, breach of contract, insurance coverage, product liability, and general negligence matters before state and federal courts, as well as before administrative agencies, including 14 CFR Part 13 and 14 CFR Part 16 claims. Some of our recent matters include:

  • defending an certificate holders in FAA enforcement proceedings worldwide, such as the recent defense of an Australian Part 145 repair station;
  • defending non-certificate holders in FAA civil penalty proceedings, including the defense of numerous manufacturers and distributors with regard to alleged HAZMAT shipping violations;
  • defending FBO in litigation brought by tie-down tenant wherein tenant alleged, inter alia, breach of contract and conversion with respect to his aircraft that had been presumed abandoned and destroyed by the airport operator, resulting in judgment for the FBO and airport operator by virtue of tenant’s failure to prove his damages despite an adverse finding on the issue of liability;
  • representing a nationwide FBO chain in a multi party, multi jurisdictional dispute involving WWII era shared fire suppression and sewer facilities wherein we obtained the equivalent of an injunction against the U.S. Army;
  • litigating FBO lease disputes nationwide, utilizing FAA airport grant assurances and 14 CFR Part 16 actions as part of the overall litigation strategy, including the recent representation of an FBO in a lawsuit against its airport operator for breach of contract and unfair treatment when, in the course of airport construction projects, a scheduled air carrier was afforded preferential treatment as compared to general aviation users of the airport, resulting in substantial lost business to the FBO;
  • litigating cross collateralization provisions of two aircraft fleet loans when one aircraft was destroyed in an accident;
  • defending an insured in a declaratory judgment action brought, post-verdict, by its insurer after the insurer refused to pay a jury award in excess of $2 Million Dollars in an underlying products liability lawsuit;
  • defending property owners, general contractors and subcontractors in construction accident litigation arising under New York’s Labor Laws;
  • defending aviation employers in employment litigation matters;
  • defending warranty claims against luxury class fifth wheel travel trailers throughout the northeast and middle Atlantic states;
  • defending a helicopter sightseeing operator in the 2009 Hudson River midair collision litigation;
  • defending a manufacturer of bi-metallic products based in China in a matter involving breach of an investment banking services contract; and
  • defending an air charter company from claims that it breached a charter management agreement relating to property damage sustained in a collision between a Falcon 50 and a Saab 340B.