Justin T Green

September 17, 2013 | New York Law Journal

In their Aviation Law column, Kreindler & Kreindler partners Steven R. Pounian and Justin T. Green write that the July 6, 2013, crash of Asiana Airlines Flight 214 in San Francisco is the first major airline accident in the United States to invoke the Montreal Convention, which established a presumptive rule making airlines liable for unlimited damages; barred punitive damages and damages for purely emotional injuries; and imposed strict jurisdictional requirements.

By Steven R. Pounian and Justin T. Green

11 minute read

June 30, 2008 | New York Law Journal

Steven R. Pounian and Justin T. Green, partners with Kreindler & Kreindler, write that given the lack of U.S. major airline crashes--no large commercial jet has crashed since November 2001--there are few ongoing major aviation cases. Several, however, are approaching trial dates and are keeping aviation lawyers busy. Litigation arising from the American Airlines Flight 587, Pan Am Flight 103, Sept. 29, 2006 GOL Airlines Flight 1907, and the Aug. 26, 2006 Comair Flight 5191 disasters and the Sept. 11, 2001 terrorist attacks continues.

By Steven R. Pounian and Justin T. Green

9 minute read

November 18, 2008 | New York Law Journal

Steven R. Pounian and Justin T. Green, partners with Kreindler & Kreindler, write that although the life-saving flights flown by EMS constitute the most dangerous nonmilitary flying activity in the United States, with nine EMS helicopters crashing last year, the FAA has failed to properly address this critical public safety problem. Instead, in partnership with the industry, the FAA rejected efforts to mandate clear safety requirements, issued largely ineffective guidelines, and has repeatedly advanced the federal preemption doctrine to defeat state efforts to address EMS safety.

By Steven R. Pounian and Justin T. Green

9 minute read

March 10, 2008 | New York Law Journal

Steven R. Pounian and Justin T. Green, partners with Kreindler & Kreindler, write that airline accidents have always been among the most publicized mass disasters, and attorney misconduct in soliciting cases following an aviation disaster has been a black eye on the plaintiffs' bar and the legal profession.

By Steven R. Pounian and Justin T. Green

12 minute read

August 28, 2007 | New York Law Journal

Steven R. Pounian and Justin T. Green, partners with Kreindler & Kreindler, write that the conflict over pre-emption of aviation state law claims continues and may ultimately need to be resolved by the Supreme Court. In the meantime, however, defendants have used pre-emption arguments to attempt to strip state courts of jurisdiction. This attempt to "federalize" all aviation cases was recently rejected by the U.S. Court of Appeals for the Seventh Circuit.

By Steven R. Pounian and Justin T. Green

10 minute read

June 22, 2009 | New York Law Journal

Steven R. Pounian and Justin T. Green, partners with Kreindler & Kreindler, write that the Air France disaster raises a new challenge to aviation safety because it occurred suddenly on a relatively new and well-equipped plane at cruise altitude with no distress call from the crew. At first glance, they conclude, the disaster does not readily fit into the pattern of knowledge learned from prior accidents, and the loss of the plane at sea substantially increases the risk that key evidence of the cause will remain hidden from view.

By Steven R. Pounian and Justin T. Green

11 minute read

June 29, 2007 | New York Law Journal

Steven R. Pounian and Justin T. Green, partners with Kreindler & Kreindler, write that the victims of general aviation crashes often have little or no legal recourse against the persons responsible for the crash. Responsible pilots and mechanics already carry insurance. Requiring mandatory minimum insurance for the others would be a positive change that would ensure compensation for victims and their families in general aviation disasters.

By Steven R. Pounian and Justin T. Green

10 minute read

June 16, 2011 | New York Law Journal

In Thursday's Aviation Law column, Steven R. Pounian and Justin T. Green of Kreindler & Kreindler discuss the lack a federal statute to define the police authority of airlines over their travelers, and whether the standard set in Eid v. Alaska Airlines strikes the proper balance between an airline's need to maintain cabin security and the passengers' interest in preserving their basic personal rights.

By Steven R. Pounian and Justin T. Green

10 minute read

August 31, 2010 | New York Law Journal

In their Aviation Law column, Steven R. Pounian and Justin T. Green, partners with Kreindler & Kreindler, write that although a majority of courts have rejected arguments for "field preemption" of state law by the 1958 Federal Aviation Act, the issue remains hotly contested and has become a frontline defense of aviation manufacturers in every case. The recent Supreme Court decision in Wyeth v. Levine, however, has shifted the legal landscape against implied field preemption.

By Steven R. Pounian and Justin T. Green

10 minute read

August 31, 2009 | New York Law Journal

Steven R. Pounian and Justin T. Green, partners at Kreindler & Kreindler, write: The deadly midair collision over the Hudson River earlier this month raises serious questions regarding the responsibilities of pilots and air traffic controllers and the rules for aircraft traversing the busy airspace around Manhattan. The continuing government investigation will undoubtedly lead to recommendations concerning whether the Hudson flight corridor rules need revision, but there is no question about the key existing safety requirements for flight through the corridor that all pilots monitor and file position reports on the same radio frequency and follow the "see and avoid" rule.

By Steven R. Pounian and Justin T. Green

10 minute read