AVIATION LITIGATION

Tuesday, June 23, 2009

About

The EVOLUTION in the defense of personal injury and wrongful death aviation litigation continues:

$2.8B in WTC case…Defective design blamed for neurological injury …Crash of helicopter blamed on defective digital electronic control units…Design of helicopter allegedly caused crash…Manufacturers blame airport in Brazil crash…Defense motion for protective order as to aviation program safety reports denied…Jet engine malfunction allegedly caused crash…Faulty jet engine fuel pump allegedly caused crash...Estates, survivors sue over Thai plane crash… Aircraft company balks at trio of crash complaints…$10.2M and $7.1M fines by FAA for safety violations…DVT: law firm ordered to pay fees in DVT suit; judgment affirmed in DVT airlines MDL….Request to exclude expert testimony in crash trial denied

It’s no secret that these and other recent decisions, judgments, and developments have a significant impact on a company’s bottom line. But in defending and managing these claims, defense counsel face a distinct uphill battle, including: organized, well-connected, and effective plaintiff attorneys filing (in a broad brush manner) large numbers of lawsuits/theories and seeing what sticks, with the sheer volume of cases alone placing a huge burden on defense resources; overwhelming natural sympathy for plaintiffs; juror bias against defendants; judges who decline to dismiss frivolous cases, supervise antics of counsel, and/or exclude poor plaintiff witnesses; and an extreme disparity in venue, with many being particularly difficult for corporate defendants.

As a result of this uphill battle, there is simply no room for error in the defense of these claims.
In response, American Conference Institute (ACI) is proud to introduce its premiere installment of the essential defense counsel forum that will shape the future of personal injury and wrongful death strategies for leading outside counsel litigators and in-house counsel for manufacturers, carriers, users/owners/operators, maintenance facilities and insurers: Defending and Managing AVIATION LITIGATION. Through a faculty of 24 distinguished in-house counsel, the leading outside defense counsel in the industry, as well as 11 renowned jurists, this conference will provide even the most seasoned aviation lawyers with clarity and certainty with respect to today’s key issues crucial to mounting a rigorous and complete defense.

Contents & Contributors

About

The EVOLUTION in the defense of personal injury and wrongful death aviation litigation continues:

$2.8B in WTC case…Defective design blamed for neurological injury …Crash of helicopter blamed on defective digital electronic control units…Design of helicopter allegedly caused crash…Manufacturers blame airport in Brazil crash…Defense motion for protective order as to aviation program safety reports denied…Jet engine malfunction allegedly caused crash…Faulty jet engine fuel pump allegedly caused crash...Estates, survivors sue over Thai plane crash… Aircraft company balks at trio of crash complaints…$10.2M and $7.1M fines by FAA for safety violations…DVT: law firm ordered to pay fees in DVT suit; judgment affirmed in DVT airlines MDL….Request to exclude expert testimony in crash trial denied

It’s no secret that these and other recent decisions, judgments, and developments have a significant impact on a company’s bottom line. But in defending and managing these claims, defense counsel face a distinct uphill battle, including: organized, well-connected, and effective plaintiff attorneys filing (in a broad brush manner) large numbers of lawsuits/theories and seeing what sticks, with the sheer volume of cases alone placing a huge burden on defense resources; overwhelming natural sympathy for plaintiffs; juror bias against defendants; judges who decline to dismiss frivolous cases, supervise antics of counsel, and/or exclude poor plaintiff witnesses; and an extreme disparity in venue, with many being particularly difficult for corporate defendants.

As a result of this uphill battle, there is simply no room for error in the defense of these claims.
In response, American Conference Institute (ACI) is proud to introduce its premiere installment of the essential defense counsel forum that will shape the future of personal injury and wrongful death strategies for leading outside counsel litigators and in-house counsel for manufacturers, carriers, users/owners/operators, maintenance facilities and insurers: Defending and Managing AVIATION LITIGATION. Through a faculty of 24 distinguished in-house counsel, the leading outside defense counsel in the industry, as well as 11 renowned jurists, this conference will provide even the most seasoned aviation lawyers with clarity and certainty with respect to today’s key issues crucial to mounting a rigorous and complete defense.

Contents & Contributors

Where is the Case Pending?: Jurisdiction, Forum, and Venue
Lory Barsdate Easton, Sidley Austin LLP (Washington, DC)
Elizabeth M. Freidenberg, Freidenberg, Freidenberg & Lifsic (Buenos Aires, Argentina)

Navigating Through the Current Chaos and Complexity of Choice of Law, Including in Foreign Crashes/Incidents
Andrew Harakas, Clyde & Co LLP (New York, NY)
Stephen R. Stegich, Condon & Forsyth LLP (New York, NY)

Ensuring that EVIDENCE Doesn’t Overwhelm the Defense’s Case on the Merits: Investigation, Preservation, Inspection, “Other Incidents,” NTSB/FAA Reports and Beyond

Dane B. Jaques, Dombroff, Gilmore, Jaques & French, PC (McLean, VA)

Liability Apportionment Given the Tug-of-War Between Pilot Error, Maintenance, and Mechanical Defects: Countering the Focus on Manufacturers and Maintenance Facilities
John D. Goetz, Jones Day (Pittsburgh, PA)
David J. Harrington, Holland & Knight LLP (New York, NY)
Christa M. Hinckley, Husch Blackwell Sanders LLP (Irving, TX)

Expert Testimony: Handling a Case Involving Expert Evidence Under FRE, Preparing and Defending Daubert Challenges, and Selecting Metallurgists, Aircraft Engine Maintenance Experts  and Economists
David P. Herman, Murray, Morin & Herman, P.A. (Coral Gables, FL)
William D. Janicki, Morrison & Foerster LLP (San Diego, CA)

A View From the Bench: U.S. District Court Judge Views on Effective Theories/Defenses, Daubert and Evidentiary Approaches, and Deciding Cases Early
Moderator:
Jeffrey J. Ellis
, Quirk and Bakalor, P.C. (New York, NY)

Formulating a Paper and ESI Discovery Plan for U.S. and Foreign Defendants that Counters Overly Aggressive Requests and Ensures Compliance
Kathryn J. Humphrey, Dykema Gossett PLLC (Detroit, MI)
Moderator:
Christopher D. Brown
, Wilson, Elser, Moskowitz, Edelman & Dicker LLP (Miami, FL)

Jury Communication and Advocacy During Opening/Closing Statements and Otherwise: Using Demonstrative Evidence and Themes, Telling a Detailed Story, and Overcoming Sympathy for Plaintiffs
John M. Fitzpatrick, Wheeler Trigg Kennedy, LLP (Denver, CO)
Roger W. Clark, Clark, Goldberg & Madruga (Los Angeles, CA)
Elizabeth B. Wright , Thompson Hine LLP (Cleveland, OH)

Damages: Forensic Economics, Minimizing the Risk of Punitives, and Clarifying Pre-Impact/Post-Impact Damage Nuances
J. Denny Shupe, Schnader Harrison Segal & Lewis LLP (Philadelphia, PA)
William L. Waudby, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC , (Birmingham, AL)

Aviation Insurance for the General Practitioner: Demystifying the Terms, the Market in Which It’s Written, and the Types of Coverage
Tracey Campbell, Vice President, Airline Claims, Global Aerospace (Short Hills, NJ)
Patricia Moores, Managing Director, Aon Risk Services Northeast, Inc. – Aviation (New York, NY)
Kathleen M. Guilfoyle, Campbell Campbell Edwards & Conroy (Boston, MA)