Claims based on aviation crashes are complex and challenging, requiring extensive commitments of time and resources as well as expertise with aviation and engineering principles coupled with detailed legal analysis. Litigating the Aviation Case provides a solid base of knowledge for the aviation novice as well as the seasoned practitioner with updates on existing issues and identification of the new issues facing the aviation litigator to ensure effective advocacy. Chapters address critical and evolving issues in aviation litigation, including jurisdiction; forum non conveniens; the Montreal Convention; issues with unruly passengers; preservation of evidence; insurance coverage; damages, and more. The authors also share tips and strategies for taking an aviation case to court, including: locating recognized sub-specialists; maximizing the effectiveness of evidence; effective opening and closing statements; cross-examining witnesses; and developing winning trial strategies.
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Zielgruppe
Produkt-Hinweis
Maße
Höhe: 254 mm
Breite: 3 mm
Dicke: 48 mm
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ISBN-13
978-1-63425-580-6 (9781634255806)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Andrew has extensive experience in airline disaster, aviation cargo, complex tort, insurance and products liability litigation. He has represented clients and tried cases arising out of aviation mass disasters and has extensive appellate experience, having argued numerous appeals before federal and state appellate courts throughout the nation, including two cases before the United States Supreme Court. Andrew has published articles on a variety of issues relating to domestic and international aviation liability and insurance law and since 1991, he has been the co-editor of Aerospace Risk. Andrew has been a frequent lecturer at conferences sponsored by the International Air Transport Association, the American Bar Association and various foreign bar organizations and has been consulted by and testified before U.S. Senate Committees regarding proposed legislative changes to existing aviation and maritime laws. Currently he is an adjunct professor at the Institute of Air and Space Law at McGill University and an instructor at the International Training and Development Institute of the International Air Transport Association. Andrew is a partner of Condon & Forsyth LLP in New York, New York.
PART I - Claims and Defenses Chapter 1: Air Carrier Liability for Passenger Injury or Death Occurring during International Carriage by Air: An Overview of the Montreal Convention of 1999Chapter 2: Practical Case Considerations for the Plaintiff's Aviation AttorneyChapter 3: Preemption of State and Local Aviation LawChapter 4: Unruly Passenger Litigation under Domestic and International LawChapter 5: Prosecuting and Defending a Product Liability Action against an Aircraft or Component ManufacturerChapter 6: Emergency Response and NTSB Form 6120.1: At the Intersection of Tort, Coverage, and Regulatory LitigationChapter 7: Navigating the General Aviation Revitalization Act of 1994Chapter 8: Litigating with the U.S. Government: The Discretionary Function Exception in Aviation CasesChapter 9: Litigating the Aviation Maintenance CaseChapter 10: Defending Claims against Ground Service ProvidersChapter 11: The Government Contractor Defense in Aviation LitigationChapter 12: Liability of Owners/Lessors and Negligent EntrustmentChapter 13: Defending Air Carriers against Claims Involving Parental Child AbductionsChapter 14: Class Action LitigationChapter 15: Complete Preemption and the Montreal Convention: Ending the Decades-Long DebateChapter 16: The Economic Loss Rule and Aviation Accident Litigation
PART II - Jurisdiction, Venue, and Applicable Law Chapter 17: The Doctrine of Forum Non Conveniens: Its Historical Application to Aviation Accident Litigation and a Preview of Its Future ViabilityChapter 18: The Foreign Sovereign Immunities Act: A History of Restrictive ImmunityChapter 19: The Turbulent Path to Federal Jurisdiction in Aviation CasesChapter 20: Federal Officer Removal Jurisdiction and the Government Contractor DefenseChapter 21: Choice of Law in Aviation Accident LitigationChapter 22: Multidistrict Litigation Practice and ProcedureChapter 23: Personal Jurisdiction and the Foreign Defendant
PART III - Discovery and TrialChapter 24: Admissibility and Use of Government Aviation Accident Investigation ReportsChapter 25: NTSB Investigations of Aircraft AccidentsChapter 26: Litigating a Foreign Aviation CrashChapter 27: The Duty to Preserve and Claims of Spoliation in the World of Aviation LitigationChapter 28: Best Practices in Electronic Discovery in Aviation Cases¿Preservation through ProductionChapter 29: Expert Witnesses in Aviation Litigation: The Strategic Selection and Deployment of Aviation ExpertsChapter 30: Pre-Suit Discovery: How to Ask Questions First So That You Can Sue Later
PART IV ¿ Insurance Considerations Chapter 31: An Aviation Insurance Primer: An Overview for the Aviation PractitionerChapter 32: Issues in Identifying Insureds and Scope of Coverage for Additional Insureds under Aviation Policies
PART V - ADR, Damages, and Settlements Chapter 33: The Use of Alternative Dispute Resolution in Aviation CasesChapter 34: Punitive Damages in Aviation CasesChapter 35: Punitive Damages in Aviation LitigationChapter 36: Wading through the Choice of Law Quagmire: A Guide for the UninitiatedChapter 37: Medicare Reimbursement and Compliance in Air Carrier Liability CasesChapter 38: U.S. Sanctions Overview for Aviation Claims|
Table of CasesIndex
