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)



DOCUMENT TYPES: PPT DOC PDF PRESENTATIONS AVAILABLE: 24

7:20
Registration and Continental Breakfast
8:00
Opening Remarks
-Mr. Andrew C. Spacone
Of Counsel
Adler, Pollock & Sheehan P.C.
Mr. David J. Harrington
Partner
Holland & Knight LLP
8:05
In-House Counsel and Claims Officer Think Tank on Managing Litigation‚ Containing Costs‚ and Formulating Defense Strategy
8:05
THE MANUFACTURERS
-Mr. Andrew C. Spacone
Of Counsel
Adler, Pollock & Sheehan P.C.
Mr. Tim J. Harrington‚ Jr.
Deputy General Counsel - Litigation
Bell Helicopter
Mr. Fabio Ferreira Cunha
U.S. Counsel
Embraer Aircraft Holding‚ Inc.
Mr. Andrew R. Etkind
Vice President and General Counsel
Garmin International‚ Inc.
Mr. James V. Marks
Deputy General Counsel
Dassault Falcon Jet Corp.
Mr. Brian C. Dalrymple
Partner
Nixon Peabody LLP
Mr. Mark C. Fava
Partner
Nelson Mullins Riley & Scarborough LLP
9:00
THE CARRIERS
Ms. Louise-Hélène Sénécal
Assistant General Counsel-Litigation
AIR CANADA
Ms. Susan B. Bovee
Associate General Counsel and Managing Director‚ Legal Affairs
US Airways
Mr. Ricks P. Frazier
Assistant General Counsel
United Airlines
Mr. Gary E. Bunce
General Attorney
Delta Air Lines‚ Inc.
Mr. James B. Blaney
Senior Counsel‚ Americas
British Airways Plc
Mr. Brian C. Dalrymple
Partner
Nixon Peabody LLP
Mr. Mark C. Fava
Partner
Nelson Mullins Riley & Scarborough LLP
10:15
Morning Coffee Bread
10:25
THE INSURERS
Mr. Kevin Murphy
Partner
Frommer Lawrence & Haug LLP
Ms. Sharon Holahan
Senior Vice President‚ Deputy Director of Claims
Global Aerospace
-Mr. Russell Mirabile
Vice President‚ Aviation Claims Manager
XL Aerospace
Mr. John Bruen
Vice President‚ Airline/Large Loss Manager
AIU Holdings
Ms. Cristina M. Schoen
Sr. Vice President
United States Aviation Underwriters
Mr. Brian C. Dalrymple
Partner
Nixon Peabody LLP
Mr. Mark C. Fava
Partner
Nelson Mullins Riley & Scarborough LLP
11:20
Where is the Case Pending?: Jurisdiction‚ Forum‚ and Venue
Mr. Richard M. Dunn
Member
Cozen O'Connor
Ms. Elizabeth M. Freidenberg
Partner
Freidenberg‚ Freidenberg & Lifsic
1 file
Practical considerations when your case goes overseas
28 KB 2 pages White Paper
DOC - Practical considerations when your case goes overseas
Lori Barsdate Easton

Sidley Austin LLP
1 file
Where is the Case Pending? Choice of Forum, Removal to Federal Court, and MDL Consolidation
1.1 MB 26 pages Presentation
PPT - Where is the Case Pending?Choice of Forum, Removal to Federal Court, and MDL Consolidation
12:15
Navigating Through the Current Chaos and Complexity of Choice of Law‚ Including in Foreign Crashes/Incidents
Mr. Andrew Harakas
Partner
Clyde & Co LLP
1 file
CHOICE OF LAW RULES IN INTERNATIONAL AVIATION ACCIDENT CASES
185 KB 14 pages Presentation
DOC - CHOICE OF LAW RULES IN INTERNATIONAL AVIATION ACCIDENT CASES
Ms. Pamela C. Hicks
Partner
Beirne Maynard & Parsons‚ L.L.P.
Mr. Stephen R. Stegich
Partner
Condon & Forsyth LLP
1 file
Discerning The Applicable Choice Of Law Rule To International Aviation Disaster Litigation
7.7 MB 15 pages Presentation
PPT - Discerning The Applicable Choice Of Law Rule To International Aviation Disaster Litigation
13:10
Networking Luncheon for Speakers and Delegates
14:10
Ensuring that EVIDENCE Doesn't Overwhelm the Defense's Case on the Merits: Investigation‚ Preservation‚ Inspection‚ "Other Incidents‚" NTSB/FAA Reports and Beyond
Ms. Rachel G. Clingman
Partner in Charge
Sutherland Asbill & Brennan
-Ann Thornton Field
Member
Cozen O'Connor
1 file
Ensuring Evidence Doesn’t Overwhelm the Defense Case
1.3 MB 29 pages Presentation
PPT - Ensuring Evidence  Doesn’t Overwhelm the Defense Case
Mr. Dane B. Jacques
Partner
Dombroff‚ Gilmore‚ Jaques & French‚ PC
2 files
Ensuring Evidence Doesn’t Overwhelm the Defense Case
1.3 MB 29 pages Presentation
PPT - Ensuring Evidence  Doesn’t Overwhelm the Defense Case
Airline Accident Checklist
60.4 KB 15 pages Presentation
PDF - Airline Accident Checklist
15:05
Liability Apportionment Given the Tug-of-War Between Pilot Error‚ Maintenance‚ and Mechanical Defects: Countering the Focus on Manufacturers and Maintenance Facilities
Mr. John D. Goetz
Partner
Jones Day
2 files
ACI Conference: Defending and Managing Aviation Litigation
53.5 KB 4 pages Presentation
DOC - ACI Conference: Defending and Managing Aviation Litigation
Liability Apportionment Between Pilot Error, Maintenance, and Mechanical Defects
192.5 KB 9 pages Presentation
PPT - Liability Apportionment Between Pilot Error, Maintenance, and Mechanical Defects
Mr. David J. Harrington
Partner
Holland & Knight LLP
2 files
ACI Conference: Defending and Managing Aviation Litigation
53.5 KB 4 pages Presentation
DOC - ACI Conference: Defending and Managing Aviation Litigation
Liability Apportionment Between Pilot Error, Maintenance, and Mechanical Defects
192.5 KB 9 pages Presentation
PPT - Liability Apportionment Between Pilot Error, Maintenance, and Mechanical Defects
Ms. Christa M. Hinckley
Partner
Husch Blackwell & Sanders LLP
2 files
ACI Conference: Defending and Managing Aviation Litigation
53.5 KB 4 pages Presentation
DOC - ACI Conference: Defending and Managing Aviation Litigation
Liability Apportionment Between Pilot Error, Maintenance, and Mechanical Defects
192.5 KB 9 pages Presentation
PPT - Liability Apportionment Between Pilot Error, Maintenance, and Mechanical Defects
16:00
Afternoon Refreshment Break
16:10
Expert Testimony: Handling a Case Involving Expert Evidence Under FRE‚ Preparing and Defending Daubert Challenges‚ and Selecting Metallurgists‚ Aircraft Engine Maintenance Experts and Economists
Mr. David P. Herman
Partner
Murray‚ Morin & Herman‚ P.A.
1 file
Preparing and Defending Daubert Challenges
2 MB 45 pages Presentation
PPT - Preparing and Defending Daubert Challenges
-Mr. William Janicki
Attorney
Morrison & Foerster LLP
1 file
Preparing and Defending Daubert Challenges
2 MB 45 pages Presentation
PPT - Preparing and Defending Daubert Challenges
16:55
Changing the Landscape of a Pending Case by Asserting Key Defenses Provided by Statute and Case Law: An In-Depth Look at Federal Preemption‚ GARA‚ and the Government Contractor Defense
Mr. Steven M. Rasher
Assistant General Counsel
United Airlines
Mr. S. Brad Brown
Partner
Jackson Walker L.L.P.
Mr. Garth W. Aubert
Partner
Mendes & Mount‚ LLP
Mr. John G. Sams
Partner
Brown‚ Dean‚ Wiseman‚ Proctor‚ Hart & Howell‚ L.L.P.
18:00
Conference Adjourns
7:30
Continental Breakfast
8:00
A View From the Bench: U.S. District Court Judge Views on Effective Theories/Defenses‚ Daubert and Evidentiary Approaches‚ and Deciding Cases Early
The Honorable David Alan Ezra

U.S. District Court‚ District of Hawaii
The Honorable W. Louis Sands

U.S. District Court‚ Middle District of Georgia
-The Honorable John C. Coughenour
U.S. Dist. Ct., W.D. Wash.
Hon. Richard Mills

U.S. Dist. Ct. C.D. Ill.
The Honorable Donald William Molloy

U.S. District Court‚ District of Montana
The Honorable Adalberto Jordan

U.S. District Court‚ Southern District of Florida
Mr. Jeffery J. Ellis
Partner
Quirk and Bakalor‚ P.C.
4 files
Judges 1
54.5 KB 2 pages White Paper
DOC - Judges 1
Survey Articles
114 KB 12 pages White Paper
DOC - Survey Articles
United States Court of Appeals
305 KB 10 pages Presentation
DOC - United States Court of Appeals
Judges 2
315.5 KB 13 pages White Paper
DOC - Judges 2
9:50
Morning Coffee Break
10:00
View from the Bench (Part II): Federal Magistrate Judges Speak Out on Discovery - Zubulake and E-Discovery‚ Document Holds‚ Burden Issues and More
Honorable Leslie E. Kobayashi
United States District Court, District of Hawaii
The Honorable Mildred Methvin
Magistrate Judge (recall)
United States District Court Middle, District of Pennsylvania
The Honorable James P. O'Hara
United States District Court, District of Kansas
The Honorable Louisa S. Porter
Magistrate Judge (Ret.)
U.S. District Court, South District of California
Professor David Brennan
Associate Professor of Law‚ Director‚ Civil/Judicial Externship Program
Western State University College of Law
11:20
Formulating a Paper and ESI Discovery Plan for U.S. and Foreign Defendants that Counters Overly Aggressive Requests and Ensures Compliance
Ms. Kathryn Humphrey
Partner
Dykema Gossett PLLC
1 file
“Formulating a Paper and ESI Discovery Plan for U.S. and Foreign Defendants”
33.5 KB 4 pages White Paper
DOC - “Formulating a Paper and ESI Discovery Plan for U.S. and Foreign Defendants”
Ms. Lisa Savitt
Counsel
Crowell & Moring LLP
2 files
Litigating the Aviation Case
193.7 KB 20 pages Presentation
PDF - Litigating the Aviation Case
“Formulating a Paper and ESI Discovery Plan for U.S. and Foreign Defendants”
33.5 KB 4 pages White Paper
DOC - “Formulating a Paper and ESI Discovery Plan for U.S. and Foreign Defendants”
Ms. Susan B. Bovee
Associate General Counsel and Managing Director‚ Legal Affairs
US Airways
Christopher Brown

Beasley, Demos & Brown LLC
1 file
The Government Contractor Defense
181.5 KB 20 pages Presentation
PDF - The Government Contractor Defense
12:35
Networking Luncheon for Speakers and Delegates
13:35
Jury Communication and Advocacy During Opening/Closing Statements and Otherwise: Using Demonstrative Evidence and Themes‚ Telling a Detailed Story‚ and Overcoming Sympathy for Plaintiffs
Mr. John M. Fitzpatrick
Partner
Wheeler Trigg Kennedy‚ LLP
1 file
Aviation Litigation Seminar
2.5 MB 28 pages Presentation
PPT - Aviation Litigation Seminar
Mr. Roger Clark
Founding Member and Managing Partner
Clark‚ Goldberg & Madruga
1 file
THE ALLEGORY OF THE CAVE
880.5 KB 8 pages Presentation
PPT - THE ALLEGORY OF THE CAVE
Ms. Elizabeth B. Wright
Partner
Thompson Hine LLP
1 file
Jury Communication & Advocacy During Opening/Closing Statements and Otherwise
13.1 MB 21 pages Presentation
PPT - Jury Communication & Advocacy During Opening/Closing Statements and Otherwise
14:35
Afternoon Refreshment Break
14:45
Damages: Forensic Economics‚ Minimizing the Risk of Punitives‚ and Clarifying Pre-Impact/Post-Impact Damage Nuances
Mr. J. Denny Shupe
Partner
Schnader Harrison Segal & Lewis LLP
1 file
COMPENSATORY DAMAGES IN AVIATION LITIGATION
177.5 KB 5 pages White Paper
PDF - COMPENSATORY DAMAGES IN AVIATION LITIGATION
Mr. William L. Waudby
Shareholder
Baker‚ Donelson‚ Bearman‚ Caldwell & Berkowitz‚ PC
1 file
Punitive Damages in Aviation Litigation: Availability, Constitutionality & The Future
123 KB 7 pages Presentation
PPT - Punitive Damages in Aviation Litigation:Availability, Constitutionality & The Future
15:55
Aviation Insurance for the General Practitioner: Demystifying the Terms‚ the Market in Which It's Written‚ and the Types of Coverage
Ms. Tracey Campbell
Vice President‚ Airline Claims
Global Aerospace
1 file
Indemnity Provisions
551.5 KB 17 pages Presentation
PPT - Indemnity Provisions
Mr. W. Timothy McSwain
Chief Claims Officer Aviation/Americas
Allianz Aviation Managers‚ LLC
Ms. Patricia Moores
Managing Director
Aon Risk Services Northeast‚ Inc. - Aviation
1 file
The Role of the Broker
188.5 KB 8 pages Presentation
PPT - The Role of the Broker
Ms. Katherine B. Posner
Partner
Condon & Forsyth LLP
Ms. Kathleen Guilfoyle
Shareholder
Campbell Campbell Edwards & Conroy
1 file
DEMYSTIFYING THE TYPES OF COVERAGE
5.3 MB 21 pages Presentation
PPT - DEMYSTIFYING THE TYPES OF COVERAGE
17:15
Conference Ends