March 10, 2008 | New York Law Journal
Aviation LawSteven 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
Aviation LawSteven 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
December 30, 2005 | New York Law Journal
Aviation LawSteven R. Pounian and Blanca I. Rodriguez, partners at Kreindler & Kreindler, write that given the frequency of international and multistate contacts in an aviation accident, it is not uncommon for a plaintiff suing a foreign airline or manufacturer to worry about whether a basis for in personam jurisdiction over that defendant exists in the forum state when the cause of action occurs outside the forum.
By Steven R. Pounian and Blanca I. Rodriguez
10 minute read
June 22, 2009 | New York Law Journal
Aviation LawSteven 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
Aviation LawSteven 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
February 15, 2006 | New York Law Journal
Aviation LawSteven R. Pounian and Blanca I. Rodriguez, partners at Kreindler & Kreindler, write that the litigation of security issues, subject to confidentiality restrictions, provides a healthy check that leads to security awareness and improvements. The Transportation Security Administration's rules preventing dissemination of Sensitive Security Information should not be used as a means to subvert the legal process and deny a fair hearing of the issues in security-related cases.
By Steven R. Pounian and Blanca I. Rodriguez
10 minute read
June 16, 2011 | New York Law Journal
What Is an Airline's Legal Authority To Police Its Passengers?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
Does Federal Aviation Act Preempt State Law Product Liability Actions?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
March 04, 2003 | New York Law Journal
Aviation LawBy Steven R. Pounian And Blanca I. Rodriguez
12 minute read
August 31, 2009 | New York Law Journal
Aviation LawSteven 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
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