November 16, 2010 | New York Law Journal
Do All Roads Lead to Federal Court in Aviation Cases?In their Aviation Law column, Kreindler & Kreindler partners Steven R. Pounian and Justin T. Green discuss the factors that determine jurisdiction in aviation accident cases.
By Steven R. Pounian and Justin T. Green
14 minute read
November 18, 2009 | New York Law Journal
Aviation LawSteven R. Pounian, a partner at Kreindler & Kreindler, and Megan Wolfe Benett, an associate at the firm, posit a scenario where during an international flight, due to the airline's improper maintenance, the aircraft's engines suddenly fail and the plane pitches down toward the ground. If the pilots are able to restart the engines, saving all aboard, under the Warsaw and Montreal Conventions the passengers cannot recover for the emotional injuries sustained during the time that they believed - reasonably but, as it turns out, incorrectly - they were about to die. If the plane crashes, however, and the survivors of the killed passengers file suit, claiming damages for the conscious pre-death fright, pain and suffering experienced during the time that the passengers believed - reasonably and correctly - they were about to die, can they recover? And if so, why is a reasonable fear of death during an aviation disaster compensable only if the passenger actually dies?
By Steven R. Pounian and Megan Wolfe Benett
11 minute read
April 28, 2011 | New York Law Journal
Using the Forum Non Conveniens Doctrine With Foreign VictimsIn their Aviation Law column, Steven R. Pounian and Justin T. Green, partners with Kreindler & Kreindler, write that courts are loath to find that the legal systems of other countries provide inadequate remedies and to procure dismissals defendants regularly agree to waive jurisdictional defenses and statutes of limitations to make a foreign jurisdiction "available."
By Steven R. Pounian and Justin T. Green
13 minute read
August 29, 2008 | New York Law Journal
Aviation LawSteven R. Pounian and Justin T. Green, partners with Kreindler & Kreindler, write that while victims of the September 11, 2001 terrorist attacks on the Unitred States may be disappointed by a recent Second Circuit decision, the litigation, now assigned to U.S. District Judge George B. Daniels, continues against a series of defendants who are not protected by sovereign immunity and are alleged to have direct ties to the al Qaeda terrorists.
By Steven R. Pounian and Justin T. Green
10 minute read
March 30, 2005 | New York Law Journal
Aviation LawSteven R. Pounian and Blanca I. Rodriguez, partners at Kreindler & Kreindler LLP, write that the longest-running aviation litigation � involving the Dec. 21, 1988 bombing of Pan Am flight 103 over Lockerbie, Scotland � may finally be drawing to an end after 16 years.
By Steven R. Pounian And Blanca I. Rodriguez
9 minute read
June 30, 2010 | New York Law Journal
Nuts and Bolts of Contingent FeesIn their Aviation Law column, Steven R. Pounian and Justin T. Green, partners with Kreindler & Kreindler, write: Contingent fees generate heated debate, and numerous proposals have been made to regulate them. While certain additional safeguards may be in order, it is unlikely that the contingent fee system can or should be replaced. There is no other satisfactory method by which ordinary citizens can gain access to the courts and have the wherewithal to battle large heavily funded corporations.
By Steven R. Pounian and Justin T. Green
9 minute read
March 04, 2003 | New York Law Journal
Aviation LawBy Steven R. Pounian And Blanca I. Rodriguez
10 minute read
August 30, 2005 | New York Law Journal
Aviation LawSteven R. Pounian and Blanca I. Rodriguez, partners at Kreindler & Kreindler, write that there is scant case law on whether the new low-cost foreign carriers, which accept reservations only via the Internet, are subject to personal jurisdiction in American courts for deaths and injuries that occur in accidents abroad.
By Steven R. Pounian and Blanca I. Rodriguez
9 minute read
December 21, 2004 | New York Law Journal
Aviation LawSteven R. Pounian and Blanca I. Rodriguez, partners at Kreindler & Kreindler, write that, in mass disaster air crash litigations it is not uncommon that the deceased passengers will have been domiciled in different states or countries and left surviving relatives throughout the country or world, relatives who in turn file separate wrongful death suits for the same decedent in different courts throughout the United States.
By Steven R. Pounian And Blanca I. Rodriguez
14 minute read
March 06, 2003 | New York Law Journal
Aviation LawBy Steven R. Pounian And Blanca I. Rodriguez
12 minute read
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