DAY ONE – Wednesday, June 22, 2011
7:15 Registration and Continental Breakfast
8:00 Co-Chairs’ Opening Remarks
Andrew C. Spacone
Deputy General Counsel – Litigation & Assistant Secretary, Textron, Inc. (Providence, RI)
Ann Thornton
Field Member, Chair – General Litigation Department Cozen O’Connor (Philadelphia, PA)
8:05 In-House Counsel and Claims Officer Think Tank – Managing Litigation, Containing Costs, and Formulating Defense Strategy
Panel 1 – 8:05-9:05
Andrew C. Spacone
Deputy General Counsel – Litigation & Assistant Secretary
Textron Inc. (Providence, RI)
Tracy Seabaugh
Senior Manager, Claims & Litigation
US Airways (Phoenix, AX)
Anthony P. Cassese, Esq.
Senior Vice President
Manufacturing and Special Risks ClaimsUSAIG (New York, NY)
David J. Hayes, III
Vice President and General Counsel
Trans States Holdings, Inc. (St. Louis, MO)
Russell M. Mirabile
Vice President, Head of Specialty Claims North America
XL Insurance Company (New York, NY)
Panel 2 – 9:05-10:05
Tom Wakefield
Vice President & General Counsel
The Cessna Aircraft Company (Wichita, KS)
James B. Blaney
Senior Counsel
British Airways PLC (Jackson Heights, NY)
John Bruen
Vice President, Products Claims Manager
Chartis Aerospace (Alpharetta, GA)
Rocie Park
Director Aviation Claims
Allianz Global Corporate & Specialty (New York, NY)
Kali Wilson Beyah
General Attorney
Delta Air Lines, Inc. (Atlanta, GA)
Panel 1 & 2 Co-Moderators:
Thad T. Dameris
Hogan Lovells (San Francisco, CA)
Elizabeth B. Wright
Thompson Hine LLP (Cleveland, OH)
Case Evaluation
- Early case assessment - determining when to settle vs. when to litigate
- Avoiding negative precedent through settlement strategy
- Reaching an early and cost effective settlement when facing large scale class action claims
- When are global resolutions possible and appropriate?
Expertise and Coordination
- Defending against claims efficiently and effectively through strategic use of national/regional counsel who specializing in aviation matters
- Staying in-house vs. seeking outside assistance: finding quality counsel while keeping costs in check
- Strategies for coordinating with outside counsel in the face of sophisticated plaintiff’s claims
Managing Costs of Litigation and Insurance Policies
- Controlling costs in the face of exorbitant costs associated with defending against high-stakes aviation litigation, including the use of experts, Daubert rulings, and discovery burdens
- Managing outside counsel through realistic and accurate budgets
- Understanding the key risks and protections offered by insurance coverage
10:05 Morning Coffee Break
10:15 What the “Year in Aviation Litigation” Means for You, Your Clients, and Your Company: The Latest Case Law, FNC Concerns, and Jurisdictional Issues
Douglas Hensley
Senior Counsel, Product Safety & Regulatory
GE Aviation (Cincinnati, OH)
Dana Baiocco
Jones Day (Pittsburgh, PA)John P. Falcone
Mendes & Mount, LLP (New York, NY)
Kenneth P. Quinn
Pillsbury Winthrop Shaw Pitman LLP (Washington, DC)
- The impact of recent decisions and claims on the aviation industry
- Criminally liability for aviation crashes in the aftermath of the Continental decision
- Forum Non Conveniens
- The latest cases and decisions involving Forum Non Conveniens, and the effect on future litigation
- Are certain jurisdictions becoming “FNC black holes”?
- Litigation risks and Pilot Duty Time what is being done to ensure flight crew performance is not compromised?
- Department of Transportation enforcement and consumer claims
- Issues surrounding choice of law and foreign incidents
11:30 The View from the Regulators: NTSB and FAA Speak Out on the Latest Aviation Litigation Trends
Gary L. Halbert
Former General Counsel, NTSB
Holland & Knight LLP
(Washington, DC)
Christopher Poreda
Regional Counsel, New England
The Federal Aviation Administration (Boston, MA)
Moderator:
Brian C. Dalrymple
Nixon Peabody LLP (San Francisco, CA)
- Enforcement and litigation risks including pilot duty time and criminal liability issues
- Best practices for working with NTSB accident investigations
- Party forms and guidance
- Role of counsel for “the NTSB investigation”
- Submissions under 49 CFR §§ 831.14 and 845.27
- Update on recent FAA cases and enforcement priorities in airport and airline safety
- Enforcement and enforcement litigation risks, including pilot duty time questions and reporting past criminal history questions for pilots
- Best practices for working with FAA during enforcement investigations associated litigation
- The latest on civil penalties: what risks most expose carriers and manufacturers?
- The FAA Reauthorization Act: where do we stand and what it would mean to the industry
- The future of FAA safety management system (SMS) initiatives
12:45 Networking Luncheon for Delegates and Speakers
1:55 Incorporating New Developments Relating to Preemption and GARA into Your Litigation Strategy
Tim J. Harrington
Vice President and General Counsel
Avco Corporation (Wilmington, Mass)
Deputy General Counsel-Litigation
Bell Helicopter Textron Inc. (Fort Worth, Texas)
Andrew Harakas
Clyde & Co LLP (New York, NY)
David Herman
Murray, Morin & Herman, P.A. (Coral Gables, FL)
Jeffrey W. Morof
Bryan Cave LLP (Chicago, IL)
Preemption
- Insights on the impact of preemption on various claims
- How does preemption impact claims involving baggage fees and discrimination?
- What is the scope of preemption?
- How far does federal law extend?
- What impact does preemption have on claims occurring on the tarmac, boarding the plane, or at gates?
- Determining whether to challenge a state law claim on the basis of preemption
- The preemptive effect of the Warsaw and Montreal Convention
GARA
- The state of the law on the “knowing misrepresentation” exception and how to address it
- The impact of GARA to date – has it served its intended purpose?
- Are flight/maintenance manuals now considered a replacement part?
- Preventing attempts from the Plaintiffs’ Bar to get around GARA-barred claims
- Determining whether GARA will provide a complete defense to an action
- How state statutes of repose interact with GARA
- Handling confl icting circuit court decisions implicating GARA
3:20 Afternoon Refreshment Break
3:30 Liability and Fault Apportionment: Strategically Shifting the Focus Away from Your Client Early On
Michael McQuillen
Adler Murphy & McQuillen (Chicago, IL)
L. Richard Musat
Treece, Alfrey, Musat & Bosworth, P.C. (Denver, CO)
Jonathan R. Friedman
Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC (Atlanta, GA)
Determining Liability
- Navigating absolute liability standards – what to do when conflicting federal and state laws hold owners/lessors liable, even if no negligence exists
- Interaction between airport authorities, carriers, and parts manufacturers during litigation
- Determining causation and fault – product design defects, mechanical failures, pilot errors, or improper maintenance?
- Liability with respect to code share flights
Fault Apportionment and Damages
- Legal strategies for shifting liability away from your client
- Apportionment nuances when dealing with negligence, strict liability, and breach of warranty
- Evaluating additional parties
- Commencing 3rd party action against non-parties for contribution and other reasons
- Successful strategies for impleading 3rd parties early −on in the process
- Contractual risk shifting and the interplay of insurance policies and aviation contracts
- Damages under the Warsaw and Montreal Conventions and the impact on apportionment
4:30 Risk Management Issues and Developments in Insurance Coverage for the the Aviation Industry
Christopher I. Johnson, CPCU,ARM
Assistant Treasurer-Risk Management
Textron Inc. (Providence, RI)
Roger W. Clark
Clark, Goldberg & Madruga (Los Angeles, CA)
Christa M. Hinckley
Husch Blackwell Sanders LLP (Irving, TX)
Roderick D. Margo
Condon & Forsyth LLP (Los Angeles, CA)
- An update on the latest issues impacting aviation coverage, including claims handling
- Managing the relationship between insurance company and client
- Coordination of interests
- Control of counsel
- Decisions on settlements and trial strategy
- Acts of terrorism and the impact on aviation insurance policies
- How government agencies have handled insurance claims when terrorism is involved?
- Coverage when it is unclear whether terrorist acts were involved
- Understanding the interplay and duties owed by primary and excess carriers
- Dealing with targeted tenders and the impact on the claims process
- Efficiently managing insured claims and maintaining satisfactory rates
- Ensuring compliance with the Montreal and Warsaw Conventions
- General litigation issues impacting insurers
- Document retention
- Settlements and MMSEA requirements
5:45 Conference Adjourns
DAY TWO – Thursday, June 23, 2011
7:30 Continental Breakfast
8:00 The View from the Bench: A Unique Opportunity to Hear How Federal District and Magistrate Judges Interpret Evidence/Arguments in the Aviation Context
Hon. David A. Ezra
U.S. Dist. Ct., D. Haw.
Hon. John C. Coughenour
U.S. Dist. Ct., D. Wash.
Hon. James P. O’Hara
U.S. Dist. Ct., D. Kan.
Hon. Robert Collings
U.S. Dist. Ct., D. Mass.
Hon. Louisa S. Porter
U.S. Dist. Ct., S.D. Calif.
Moderator:
Jeffery J. Ellis
Quirk and Bakalor, P.C. (New York, NY)
In this panel, renowned jurists from across the country will provide their insights on the unique and intricate challenges posed by aviation claims, including:
- Early defense considerations (motions to dismiss, etc.)
- Motion practice, trial plan, interlocutory appeals
- Summary judgment practice
- Settlement concerns (individual vs. class, fairness hearings, CAFA)
- Apply Daubert/Frye standards to causation experts
- Conveying complex issues to triers of fact
- Novel approaches to trial and case management
- Dealing with discovery requests
9:30 The View From the Plaintiffs’ Bar: Tailoring Your Defense Strategy to the New Avenues That Your Adversaries Are Exploring
Dorothea M. Capone
Baumeister & Samuels, P.C. (New York, NY)
James P. Kreindler
Kreindler & Kreindler LLP (New York, NY)
Ricardo M. Martinez-Cid
Podhurst Orseck, P.A. (Miami, FL)
Moderator:
Richard G. Grotch
Coddington, Hicks & Danforth (Redwood City, CA)
- Which claims are most attractive to the Plaintiffs’ Bar?
- What is the endgame when bringing aviation related claims – settlement or litigation?
- Understanding the Plaintiffs’ approach to managing aviation claims, including strategies for discovery requests and expert testimony
- What claims and theories of liability are on the horizon?
10:30 Morning Refreshment Break
10:40 Selecting and Utilizing Experts to Prove/Disprove Causation and Managing the Latest Evidentiary Concerns
J. Denny Shupe
Schnader Harrison Segal & Lewis LLP (Philadelphia, PA)
Christopher D. Brown
Wilson Elser Moskowitz Edelman & Dicker LLP (Miami, FL)
Evidentiary Concerns
- How the admissibility of cockpit voice recordings impacts litigation
- Attorney-client privilege when dealing with foreign courts
- Communicating with clients in foreign jurisdictions that do not recognize in-house counsel
- Understanding and managing the unique issues in securing evidence in foreign jurisdictions
- E-discovery and aviation litigation
Expert Testimony
- The importance of identifying and retaining quality consulting and testifying experts when dealing with technically complex aviation claims
- Admissibility of expert testimony under the Rule 702 framework
- Approaches to Daubert hearings and laying the groundwork for Daubert motions
- Defending against challenges to your experts and debunking “junk science” and opposing counsel’s experts
- What are experts allowed to discuss and rely upon in the aviation context?
11:40 Jury Communication & Advocacy in All Phases of Trial: Using Demonstrative Evidence and Themes, Telling a Detailed Story, and Overcoming Sympathy for Plaintiffs
Ann Thornton Field
Cozen O’Connor (Philadelphia, PA)
William D. Janicki
Morrison & Foerster LLP (San Diego, CA)
Jury Selection and Communications
- Utilizing mock trials and jury consultants to prepare for trial
- How sympathetic jury attitudes can impact trial strategy when dealing with air disasters
- Juries and choice of law: presenting to U.S. juries when dealing with foreign laws
Trial Strategy and Advocacy
- Understanding the importance of opening and closing arguments and the best methods for getting your message across
- Presenting technical and complex facts and themes without overwhelming jurors
- Overcoming jury bias against carriers and manufacturers
12:40 Networking Luncheon for Delegates and Speakers
1:40 Cargo and Passenger Screening: Terrorist Threats, TSA Security Checks, Litigation Risks, and Beyond
Nicholas E. Pantelopoulos
Kaplan, Massamillo & Andrews, LLC (New York, NY)
Lisa Zolidis
Attorney, American Airlines, Inc. (Fort Worth, TX)
Thomas J. Whalen
Eckert Seamans Cherin & Mellott LLC, (Washington, DC)
It is an unfortunate reality that the threat of terrorism is a real concern for the aviation industry. As vulnerabilities continue to be exposed, increased screening procedures have been implemented in order to prevent future tragedies, whether through cargo or commercial channels. However, in the face of more stringent security measures, there has been a great deal of concern as to whether air travelers are being unfairly treated. What risks exist for airlines? Is litigation on the horizon? When does passenger screening go too far? This session will delve into this evolving topic, with insights on:
Cargo Screening and Fee Concerns
- Determining and allocating liability in the chain – when are intermediaries liable under the Montreal Convention?
- How has terrorism impacted cargo screening and what liability risks exist?
- Industry challenges to federal and state cargo fee arrangements
Passenger Screening: Governmental and Private Litigation Risks
- Do airlines have a duty to passengers bringing claims stemming from increased TSA screening procedures? Are there private litigation risks?
- What rights and remedies exist for passengers alleging improper actions occurring during the screening process performed by governmental and private security personnel?
- How far is “too far” and when are security personnel liable?
2:40 Defending and Managing Claims Involving Passenger Rights, Tarmac Delays, and Passenger Misconduct
Frederick Alimonti
Alimonti Law Offi ces, PC (White Plains, NY)
John G. Sams
Brown, Dean, Wiseman, Proctor, Hart & Howell, L.L.P. (Fort Worth, TX)
Marc L. Antonecchia
Holland & Knight LLP (New York, NY)
Passenger Rights
- Defending against passenger discrimination, racial profiling and related civil rights claims – how far is too far?
- IATA and ATA initiatives as relating to passenger rights
- Handling passenger baggage delay and damage claims, and ancillary litigation
- Litigation stemming from alleged unequal access for disabled individuals
- Liability arising from check-in kiosks and airline safety demonstration
- Air Carrier Access Act
- California’s Unruh Civil Rights Act
Tarmac Delays
- Department of Transportation inquires and extraterritorial issues posed by tarmac delays
- The latest on enhanced tarmac delay plans
- Are tarmac delays giving rise to private rights of action?
Passenger Misconduct
- How U.S. courts are interpreting the Tokyo Convention and Federal Rule Title 49
- Liability risks against airlines and fl ight crew when subduing • passengers who pose a threat mid-flight
3:40 Main Conference Ends – Registration for Post-Conference Working Group Session B Begins
Conference Details