Eugene Massamillo

Member | New York Office

Aviation | Cargo | Commercial | General Corporate | Insurance | Product Liability | Trials and Appeals

Gene Massamillo is an experienced trial attorney who has litigated, arbitrated and tried cases in courts throughout the United States, South America and Europe. He has acted as outside General Counsel to a major international European air carrier for over 28 years, and regularly advises it, and other air carriers, with respect to a wide variety of matters, including, personal injury and wrongful death litigations, anti-trust matters (both civil and criminal) and commercial negotiations and contracts. He also has represented a variety of other aviation-related entities in personal injury and wrongful death litigations, including aircraft and helicopter manufacturers, component part manufacturers, pilots, fixed-base operators, ground handlers and airports. Mr. Massamillo, who started his career as a narcotics prosecutor in New York City, is a private pilot, holding single and multi-engine and instrument ratings.

Significant Cases

Mr. Massamillo has acted as Lead Counsel in a variety of significant litigations, filed both in the United States and abroad. These include:

  • Representing Indonesian Air Asia in litigation arising from the crash of Flight No. 8501 while enroute from Surabaya, Indonesia to Singapore on December 28, 2014.
  • Representing Thales Aerospace before the National Transportation Safety Board with respect to its role in designing, manufacturing and distributing Lithium-ion batteries in connection with the world-wide grounding of Boeing 787 fleet in 2013.
  • Representing London excess insurers with respect to mass tort litigation arising from the derailment of a freight train at Viareggio, Italy on June 29, 2009.
  • Representing Thales Aerospace in litigation arising from the crash of Air France Flight 447 while enroute from Rio de Janeiro to Paris on June 1, 2009.
  • Representing Goodyear Tire and Rubber in litigation arising from the crash of Air France Concorde Flight No. 4590 at Gonesse, France, on July 25, 2000.
  • Representing Part 135 operator—Executive Airlines—in litigation arising from the crash of its Jetstream 31 aircraft at Bear Creek, PA, on May 21, 2000.
  • Representing Ecuadorian air carrier—TAME—with respect to claims arising from the crash of its B-727-200 at Bogotá, Colombia, on April 20, 1998.
  • Representing Federal Express in a civil anti-trust action arising from its participation in the U.S. Government’s C.R.A.F. Program.
  • Representing Alitalia Airlines in both a civil anti-trust class action and Department of Justice criminal investigation into alleged price fixing among international air cargo air carriers.
  • Representing Alitalia Airlines in a civil anti-trust class action arising from alleged anti-trust practices regarding travel agent commissions.
  • Representing Alitalia and Continental Airlines in discrimination cases arising under the Air Carrier Access Act.

Publications

Mr. Massamillo has been a frequent lecturer on a variety of aviation law topics:

  • Foreign Aviation Accidents: Where Should Passenger Cases Land and Other Matters of Convenience – The 21st Annual ABA National Institute on Aviation Litigation, New York, New York, June 4, 2015.
  • Emerging Technologies and Challenges in Aviation Safety – Aviation and Space Law Litigation, Washington, D.C., October 2013.
  • Continuing Challenges Facing Airlines and Manufacturers—ABA, Aviation and Space Law Litigation Program, Washington, D.C., October 2010.
  • Aircraft Owner Liability—ALTA Aviation Law Americas Conference, Miami, October 2009. Aviation Weather Technology—ABA, Aviation Litigation Seminar, New York, June 2005.
  • Claims Handling Developments Around the World—European Air Law Association, Munich, Germany, June 2001.
  • Inside the Cabin: Passenger Complaints and Hazards—ABA, Aviation Litigation Seminar, New York, June 2001.
  • Aviation Issues in the New Millennium—ABA, Forum on Air and Space Law, Washington, D.C., October 2000.
  • Litigating the Aviation Case (2d ed.), edited by Desmond T. Barry, Jr. (Co-author of Ch. 15)(1998).
  • Return to the Future: The Effect of Zicherman v. Korean Air Lines on Recoverable Damages in a Warsaw Convention Case—ABA, Forum on Air and Space Law, Washington, D.C., September 1996.

Reported Decisions

  • Gurevich v. Compagnia Aerea Italiana, S.p.A., No. 1-11-cv-1890 (N.D. Ill. 2012)(class action)
  • Pt. Authority v. Platinum Jet Management, 35 Av. Cas. (CCH) 17,540 (Superior Ct. N.J. 2012) (corporate jet crash)
  • Flamenbaum v. Orient Lines, Inc., 2004 U.S. Dist LEXIS 14718 (S.D. Fla. 2004) (cargo)
  • Waters v. Port Authority, 159 F.Supp.2d 415 (D.N.J. 2001) (discrimination)
  • DeGirolamo v. Alitalia, 159 F.Supp.2d 764 (D.N.J. 2001) (discrimination)
  • Cali v. East Coast Aviation Services, 2001 U.S. Dist. LEXIS 19174 (S.D.N.Y. 2001) (wrongful death)
  • Perner v. Landolfi, 276 A.D.2d 613 (2nd Dep’t 2000) (personal injury)
  • Montalvo v. Federal Express, 1996 U.S. App. LEXIS 13587 (2nd Cir. 1996) (employment)
  • Aquinas v. Federal Express, 940 F.Supp. 73 (S.D.N.Y. 1996) (employment)
  • Cirino v. Federal Express, 1995 U.S. Dist. LEXIS 11690 (S.D.N.Y. 1995) (personal injury)
  • Ginsberg v. Robinson Helicopter, 160 A.D. 2d 237 (1st Dep’t 1990) (wrongful death)
  • Aboujdid v. Singapore Airlines, 108 A.D. 2d 330 (1st Dep’t 1985) (Entebbe highjacking)