Aviation

Our Aviation Team routinely represents air carriers, manufacturers of aviation equipment and components, and fixed base operators (FBOs) in multiple ways. The parameters of the representation are as diverse as the aviation industry itself. Our professionals can respond to accidents and instances of catastrophic loss almost immediately after they occur.

Following an accident or loss, our team can assist in conducting pre-suit investigations and working with governmental entities to narrow issues, augment defenses, and prepare for prospective litigation. Should litigation manifest, our attorneys engage in efficient but focused discovery efforts aimed at establishing the applicability of factual defenses and/or state, federal, or international law that may preempt or bar the claim at issue. Simultaneously, our professionals will explore opportunities to engage in alternate dispute resolution (ADR) to effectuate cost-efficient outcomes that manage risk. 

In the event of trial, our team will mount a vigorous defense. Through years of litigating cases in state and federal courts across the country, in tandem with relationships with renown experts in a multitude of fields, we are able to provide a great chance for success.  

Interdisciplinary team

• Attorneys who are former pilots
• Attorneys with experience touching on fields critical to aviation clients, including contracts, environmental issues, imports/exports, bankruptcy and restructuring, insurance, intellectual property, and labor and employment
• Litigators licensed to practice at various levels of the state and federal courts
• Counselors familiar with consumer product risk prevention and regulatory counseling
• Attorneys and professionals experienced with principles of accident reconstruction, metallurgy, design, biomechanics, manufacturing processes, and warnings

Our clients range from private aircraft owners to multinational airlines to Fortune 500 conglomerates

In the complex aviation industry, our clients can face a multitude of problems and challenges. We work with you to deliver a comprehensive solution that is efficacious and cost-efficient. Our experience includes working with airlines, air carriers, airports, airport authorities, original equipment manufacturers, fixed base operators (FBOs), FAA certified repair stations, and passenger and cargo service companies. 

The Nelson Mullins Aviation Team has the experience and knowledge base to navigate the daily challenges that aviation-related entities must face in this ever-changing industry  

Attorneys on our Aviation Team are members of local, state, and national defense groups. As part of the leadership of these organizations, they frequently write articles, speak at conferences, and provide thought leadership to aviation-specific industry groups and beyond.

Our lawyers are active listeners, innovative problem solvers, and vociferous advocates who can develop alternatives and effective outcomes

• Crisis management — addressing a crisis when it occurs and with a view toward consideration of issues regarding potential related litigation
• Expert witnesses and opinions — providing guidance and help with identifying and hiring experts who give valuable advice and can serve as consulting and/or litigation witnesses
• Integrated approach to potential issues analysis — team approach and perspectives from Nelson Mullins attorneys in related practice areas such as products liability, toxic torts, employment, real estate, environmental, and corporate 
• Internal and external communications plans — with your board of directors, customers, and law enforcement
• Pre-suit investigations — conducting investigations of incidents and unexpected events to fully assess the facts and potential liability of an unexpected event
• Joint defense strategies — providing strategic guidance to clients and co-parties in joint defense
• Litigation defense — through discovery, settlement negotiations, alternative dispute resolution, and — when necessary — trial and appeal
• Litigation plans and budgets — providing strategic litigation plans and budgets to "right size" the defense of matters
• Witness depositions — preparing witnesses for and defending depositions of corporate, executive, and managerial witnesses and conducting depositions of adverse and non-party witnesses

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

• Successfully defended multiple airlines in various cases litigated under the Warsaw Convention and the Montreal Convention (formally, the Convention for the Unification of Certain Rules for International Carriage by Air)
• Prevailed on a Motion to Dismiss in a high-profile case involving a teenaged boy who allegedly stowed away in the wheel well of an outbound flight and allegedly died en route
• Served as lead counsel for an international airline in a variety of cases germinating from the Air Carrier Access Act of 1986 and the federal regulations implementing it
• Defended international airline in the defense of commercial litigation that was preempted under the Airline Deregulation Act of 1978
• Served as counsel to air carriers (121/298/408), air taxis (135), FBOs and general aviation dealers, FAA Certified Repair Stations, Aircraft Modification and Maintenance companies, Aircraft DER companies, accessory/parts manufacturer and supply companies, airport authorities and private corporate aircraft owners/operators (91) and charter services