Aviation and Space

Kaplan, Massamillo & Andrews, LLC’s attorneys have responded to the needs of the aviation and aerospace community on the widest range of legal and regulatory issues for over three decades. The Firm has handled virtually every conceivable issue for aviation industry members from major airline and satellite losses, to antitrust and product liability claims, to bodily injury and cargo litigation.

Our extensive knowledge and understanding of the aviation industry—whether from the standpoint of an airline, airport, manufacturer, flight crew, investigator or insurer—allow us to see the whole picture whether we are counseling a client, or formulating a litigation plan to protect our client’s interests. Our team includes attorneys who are civilian pilots, aerospace engineers, ex-military pilots, and former accident investigators. We bring our decades of legal experience together with this practical industry knowledge which enables us to confidently advise our clients and help them obtain favorable and predictable results. Our experience as actual participants in the aviation community helps us not only to understand our client’s problem, but to understand their business.

We have counseled and defended clients in connection with the broadest range of aviation-related matters involving:

  • Air Carrier Operations
  • Regional Airlines
  • General Aviation Aircraft
  • Industrial Aid Aircraft
  • Charter Operations
  • Airports
  • Satellites
  • Spacecraft
  • Gliders
  • Rotary Wing Aircraft
  • Aircraft and Engine Manufacturers
  • Component Part Manufacturers
  • Passenger Loading Bridges
  • Avionics
  • Fixed-Base Operators
  • Flight Schools
  • Agricultural Spraying
  • Maintenance, Repair and Overhaul
  • Hot Air Balloons
  • Flying Clubs
  • Parachute Jump Operators
  • Domestic and International Cargo
  • Aviation Disaster Family Assistance Act Counseling
  • Aviation Insurance and Reinsurance
  • Insurance Policy Wordings
  • Additional Insured Implications
  • Foreign Object Debris
  • Bird Ingestion
  • In-flight Fires
  • Subrogation
  • Construction Wrap-up
  • Baggage Claims
  • Disaster Response Planning
  • Regulatory Compliance
  • Lessor/Lessee Liability
  • FAA Certificate and Enforcement Actions
  • Negligent Entrustment, Training and Supervision
  • Air Traffic Control
  • Punitive Damages
  • Property Damage
  • Wrongful Death and Bodily Injury
  • Premises Liability
  • Warsaw Convention
  • Frequent Flier Programs
  • Environmental Compliance
  • Product Liability
  • Airworthiness Directive and Service Bulletin Counseling
  • Aircraft Purchase Agreements
  • Warranty Issues
  • Toxic Torts and Pollution
  • Government Contractor Defense
  • Travel Agents and Consolidators
  • Airline Ticketing
  • Ground Service Providers
  • Denied Boarding
  • Air Carrier Access Act
  • Antitrust

Our experience enables us to guide our clients through the investigation process following aviation-related incidents. Our attorneys are skilled in assisting the aviation community at accident sites during the early hours of the crash investigation. We have vast experience representing our clients through the regulatory and investigation process, including interacting with the National Transportation Safety Board, the Federal Aviation Administration, the Department of Transportation, the Environmental Protection Agency and local authorities. Our attorneys also assist in the development and implementation of Disaster Plans as well as assisting airlines with Family Assistance Plans, both of which are designed to ensure that airline personnel are equipped to respond in the event of an accident.

Our attorneys are experienced in managing multi-jurisdictional mass tort litigation involving hundreds of claims which arise from the same operational facts. Our team utilizes electronic document managing systems which not only organize mass amounts of data, but also help to limit business interruption to our clients and are attractive from a client cost/benefit standpoint.

The Firm’s attorneys have litigated, tried, arbitrated and handled appeals for the aviation industry in all fifty states and in many foreign countries. We have had extensive experience with foreign aviation accidents and the ensuing litigation which often finds its way to United States courts. We have extensive experience with losses occurring in Latin America; and our attorneys are conversant in Spanish and we have a deep network of correspondents in the region to assist us. The Firm has handled cases evolving from Asian, European, and African losses, and are familiar with the issues and international politics involved in these investigations and the litigation spawned by such events. Our offices and attorneys are strategically located in New York and Chicago, giving us a presence in the major litigation venues and providing easy geographic access to clients, courts and events as the need arises. We also have developed a loyal and reputable roster of corresponding counsel in virtually every major city in the U.S., and in many foreign countries.

We have considerable experience acting as a risk management adjunct and resource for our clients and their insurers. The Firm’s broad experience provides a valuable basis for recommending case reserves and in distilling and communicating information in a format (e.g., reports or claim bordereaux) that is conducive to quick, efficient, and comprehensible consumption. We often design custom communication protocols to address specific risk and cost management objectives.

Kaplan, Massamillo & Andrews’s broad experience includes acting as national claims counsel for many airlines such as Federal Express and Alitalia Airlines and for many other industry participants.