Steven R Pounian

June 25, 2015 | New York Law Journal

In their Aviation Law column, Steven R. Pounian and Justin T. Green of Kreindler & Kreindler write: Since the advent of the Montreal Convention, the victims of major airline disasters have generally been able to recover damages without any arbitrary limitation. The circumstances of the Flight 17 disaster raise the possibility that damages in a major aviation accident may be limited without any other avenue for recovery.

By Steven R. Pounian and Justin T. Green

10 minute read

June 27, 2014 | New York Law Journal

In their Aviation Law column, Steven R. Pounian and Justin T. Green, partners at Kreindler & Kreindler, write about the disappearance of Malaysia Airlines flight 370. Unlike the many open questions surrounding the disaster, the law provides relatively simple and direct answers regarding liability.

By Steven R. Pounian and Justin T. Green

8 minute read

March 21, 2014 | New York Law Journal

In their Aviation Law column, Steven R. Pounian and Justin T. Green, partners with Kreindler & Kreindler, reviews a series of aviation cases where the issue of removal from the state court chosen by the plaintiff was recently litigated.

By Steven R. Pounian and Justin T. Green

12 minute read

July 30, 2012 | New York Law Journal

In their Aviation Law column, Kreindler & Kreindler partners Steven R. Pounian and Justin T. Green write that after a spate of hijackings, the FAA was amended in 1961 to provide airlines discretion to refuse transportation, but a split has developed among the circuit courts as to whether airlines were immunized from liability over such a refusal unless it was arbitrary and capricious, or whether a common law reasonableness standard applies.

By Steven R. Pounian and Justin T. Green

9 minute read

February 21, 2012 | New York Law Journal

In their Aviation Law column, Kreindler & Kreindler partners Steven R. Pounian and Justin T. Green review 'Doe v. Bin Laden,' which represented a swift legal about-face for the Second Circuit that led the panel to solicit the views of all active judges under a rarely invoked "mini-en-banc" internal court procedure designed to address inconsistent prior opinions, in this case, the three-year-old 'In re Terrorist Attacks on September 11, 2001.'

By Steven R. Pounian and Justin T. Green

8 minute read

March 22, 2012 | New York Law Journal

In their Aviation Law column, Steven R. Pounian and Justin T. Green, partners at Kreindler & Kreindler, write that the litigation involving the August 2005 crash of West Caribbean Airways flight 708 has led to an extraordinary legal conflict between the highest court of France and the U.S. Court of Appeals for the Eleventh Circuit.

By Steven R. Pounian and Justin T. Green

11 minute read

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

December 20, 2012 | New York Law Journal

In their Aviation Law column, Steven R. Pounian, a partner at Kreindler & Kreindler, and Jared L. Watkins, an associate at the firm, write that four federal district courts in the Fifth, Eighth and Eleventh circuits and at least two prominent state courts recently held that state law aviation products liability claims were not preempted by federal law.

By Steven R. Pounian and Jared L. Watkins

13 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