Aviation

In an industry where companies face unprecedented technological, regulatory, and market challenges, Taft guides aviation clients through their most critical legal matters.

Major airlines, manufacturers, and insurers trust Taft with their highest challenges. These clients rely on our proven transactional and litigation experience and industry knowledge to protect their interests, including:

• Aviation Accident Litigation: Representing clients in complex aviation accident cases.
• Product Liability and Property Damage: Defending against product liability claims and handling property damage claims.
• Environmental Law: Advising on environmental compliance and representing clients in enforcement actions.
• Fleet and Aircraft Management: Assisting clients in buying, selling, financing and managing aircraft, including registrations with the FAA and the International Registry.
• Charter, Pilot, and Property Management: Negotiating and preparing aircraft management and pilot services agreements, and charter agreements, and the purchase, sale and leasing of aircraft hangers.
• Aviation Financing: Guiding clients through the enforcement of aircraft loan documents, and the foreclosure of security interests and liens on fixed-wing aircraft and helicopters.
• Regulatory and Compliance: Ensuring compliance with aviation regulations and representing clients in regulatory investigations.
• Intellectual Property, Mergers, and Acquisitions: Protecting intellectual property, advising on mergers and acquisitions as well as handling complex corporate transactions.

• Represented Spirit Airlines, Inc., and successfully obtained a case dismissal with no appeal. The passenger brought action against airline, alleging two-hour flight delay on the tarmac caused her to develop a serious blood clot in her leg (DVT). The flight was delayed more than two hours waiting for the pilots to arrive; during this delay, Spirit employees advised passengers were not allowed to move about the airplane and had to remain seated to await departure. In lieu of an answer, Spirit moved to dismiss asserting preemption under the ADA, as well as the FAA. The case expanded the reach of preemption to “IN PLANE” safety vs limited to “in flight” safety.
• Represented Delta Air Lines, Inc., and successfully obtained a case dismissal with no appeal. A passenger tripped/fell on another passenger’s luggage strap on the floor of the aircraft aisle during boarding. Plaintiff claimed Delta negligently failed in its duty to protect passengers from any hidden or latent hazards on its airplane. The injury occurred before flight attendants’ regulatory duty to check the status of stowed baggage under 14 C.F.R. § 121.589(b) and (c) in preparation for pushback.
• Represented United Airlines, Inc. and obtained a successful summary judgment and affirmed on appeal. The passenger was struck by a large piece of improperly secured overhead luggage when the bin door popped open during takeoff. Plaintiff’s failure to set forth the federal standard of care and failure to show a breach of same.
• Represented Delta Air Lines, Inc., and obtained a successful motion to dismiss. Plaintiff stipulated to dismissal of all claims with prejudice. Negligence complaint alleging “exceptionally hard landing” followed by sudden stop resulting in “crushed left arm and wrist”. Removed to Southern District of Iowa and threshold motion to dismiss filed in lieu of answer: Plaintiff failed to identify any federal standard of care vs. Iowa state law negligence claims. Motion Granted – Plaintiff allowed to file a second amended complaint setting forth the federal standard of care including 91.13(a)- “careless or reckless operation of an aircraft”. Plaintiff stipulated to dismissal of all claims with prejudice.
• Represented American Airlines and successfully defended a case filed by a passenger struck in the knee by a beverage cart during routine beverage service. Plaintiff’s failure to set forth the federal standard of care and failure to show a breach of same.
• Represented Spirit Airlines, Inc., and successfully obtained judgment on the pleadings in the district court, as well as an affirmation in the Eleventh Circuit, based on the valid and enforceable class action waiver provision in the contract of carriage, which barred claims by at least 100 putative class members seeking in excess of $5 million.
• Represented Delta Air Lines, Inc., and successfully obtained summary judgment without appeal based on federal preemption under the Air Carrier Access Act, as well as other defenses, in a multi-faceted case alleging negligent training and supervision, failure to provide appropriate wheelchair assistance, jetway positioning, and failure to assist passenger out of a wheelchair.
• Represented United Airlines in a complex and lengthy accident case where the engine was lost on takeoff. The jury returned verdict for United Airlines. The case raised technical metallurgical, accident reconstruction, and aviation maintenance issues. No cause verdict for United Airlines.