Justin T Green

January 09, 2024 | New York Law Journal

The most hotly contested aviation law issue in the United States has been whether and to what extent federal law preempts state law. The stakes in the fight over preemption are high because a preemption finding can truly lead to virtual immunity for an aviation manufacturer of a defective product. Given these stakes, the authors of this article address the state of play in the Second Circuit given the recent 'Jones' decision.

By Justin T. Green and Kevin Mahoney

14 minute read

January 05, 2022 | New York Law Journal

Attorneys bringing claims against a government contractor arising out of a military aviation crash must understand the different ways courts have applied the defenses across the country. These regional variations can be the difference between winning or losing the case.

By Justin T. Green and Evan Katin-Borland

14 minute read

April 17, 2020 | New York Law Journal

In their Aviation Law column, Justin T. Green and Steven R. Pounian discuss a Supreme Court's decision not to accept certiorari, which leaves in place a sensible Third Circuit holding that providing immunity for allegedly defective products to aviation manufacturers was inconstant with Congress's goal in passing the FAAct, which was to promote aviation safety.

By Justin T. Green and Steven R. Pounian

17 minute read

October 11, 2018 | New York Law Journal

In this Aviation Law column Steven R. Pounian and Justin T. Green address the forum non conveniens doctrine and argue that courts should provide more deference to a foreign plaintiff who selects a forum for legitimate reasons, including that the selected forum court may be the only one with personal jurisdiction over the defendant. Courts should consider developments in the law and technology that makes transnational litigation much easier today than it was in 1947 when the Supreme Court established the factors that courts consider when addressing a forum non conveniens motion.

By Steven R. Pounian and Justin T. Green

15 minute read

November 15, 2017 | New York Law Journal

Aviation Law columnists Steven R. Pounian and Justin T. Green write: A major goal of the Montreal Convention was to expand the jurisdiction provisions of the Warsaw Convention to provide victims of international aviation disasters up to five jurisdictions in which to bring their lawsuits. Airlines have recently attempted to restrict these choices.

By Steven R. Pounian and Justin T. Green

10 minute read

April 10, 2017 | New York Law Journal

Aviation Law columnists Steven R. Pounian and Justin T. Green write: A typical aviation accident case may involve a crash in one jurisdiction, a pilot from a second, passengers from a third, an aircraft maintenance outfit from a fourth and an aircraft manufacturer from a fifth. Even before 'Daimler' it was frequently impossible to join all defendants in one action, but post-Daimler aviation cases invariably require plaintiffs to file multiple "protective actions" to guard against jurisdictional dismissals.

By Steven R. Pounian and Justin T. Green

22 minute read

June 29, 2016 | New York Law Journal

In their Aviation Law column, Steven R. Pounian and Justin T. Green discuss 'Joshi v. National Transportation Safety Bd.,' where the U.S. Court of Appeals for the D.C. Circuit ruled that the National Transportation Safety Board's probable cause determinations are not subject to judicial review. The authors write that the decision highlights the conflict of interest in the National Transportation Safety Board's investigation process, which relies on the participation of potential defendants in civil litigation that frequently follows aviation accidents.

By Steven R. Pounian and Justin T. Green

18 minute read

April 28, 2016 | New York Law Journal

In their Aviation Law column, Steven R. Pounian and Justin T. Green write: While state law historically provided the foundation for nearly all aviation injury and death suits, a 1999 Third Circuit decision on preemption dramatically shifted the landscape, forcing plaintiffs to undertake the often futile task of delineating a federal law basis for their actions. Last week, however, the court sharply limited the scope of its field preemption ruling, holding that it does not extend to state products liability claims.

By Steven R. Pounian and Justin T. Green

17 minute read

December 24, 2015 | New York Law Journal

In their Aviation Law column, Steven R. Pounian and Justin T. Green of Kreindler & Kreindler write: Since 2001, the use of private contractors to actively support U.S. military operations has risen to "unprecedented levels," yet Congress has never enacted legislation to shield such contractors from tort liability. Nevertheless, contractors have, often successfully, advanced defenses to bar tort liability based on the political question doctrine and federal preemption, both discussed herein.

By Steven R. Pounian and Justin T. Green

10 minute read

December 23, 2015 | New York Law Journal

In their Aviation Law column, Steven R. Pounian and Justin T. Green of Kreindler & Kreindler write: Since 2001, the use of private contractors to actively support U.S. military operations has risen to "unprecedented levels," yet Congress has never enacted legislation to shield such contractors from tort liability. Nevertheless, contractors have, often successfully, advanced defenses to bar tort liability based on the political question doctrine and federal preemption, both discussed herein.

By Steven R. Pounian and Justin T. Green

10 minute read