Aviation Litigation

Featured Publication:

DOT Proposes Consequential Changes to Air Carrier Disability Accessibility Regulations [Alert]

Jonathon Foglia and Michael Deutsch discuss the U.S. Department of Transportation's proposed changes to regulations, which would enact penalties for wheelchair mishandling, ensure safe, dignified, and prompt assistance, and improve accessibility standards for disabled passengers.

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When businesses in the aviation sector face litigation, they need experienced trial lawyers with excellent advocacy skills and exceptional strategic analysis and advice. Cozen O’Connor’s aviation litigators are leaders in the field who are consistently successful in handling complex cases involving catastrophic losses and significant exposures. We have successfully tried aviation cases valued at hundreds of millions of dollars to verdict, and have served as national coordinating counsel for multinational companies. The firm’s well-deserved reputation as a trial powerhouse provides leverage in negotiations and meditations: adversaries know we settle to serve our clients’ interests, not to avoid court.

Cozen O’Connor represents aviation and aerospace insurers and reinsurers, aviation products and component part manufacturers, carriers, airports, repair facilities, and manufacturers and operators of uncrewed aircraft systems (drones) in all manner of dispute and investigation. The firm handles wrongful death and survival actions, personal injury claims, product liability and recalls, property damage claims, liability claims, coverage disputes, air accidents, and other claims under the Montreal and Warsaw conventions. Cozen O’Connor has earned its reputation as a top trial firm by successfully trying multimillion dollar aviation claims to verdict and aggressively negotiating favorable settlements on behalf of its aviation clients.

The firm also assists aviation clients in state and federal government investigations. Firm attorneys regularly represent subjects and third parties in federal investigations of all types, including mergers, civil antitrust, consumer protection, and criminal. The firm has a dedicated State Attorneys General practice that defends clients against state consumer protection, deceptive trade, and advertising claims.

Cozen O’Connor is ready to respond wherever and whenever the need arises. Cozen O’Connor’s Rapid Response Team can be on site within 24 hours to advise on investigations, emergency response protocols, family support services, cleanup, and public relations. Moving forward, our attorneys can handle all ongoing investigations, inquiries, or resulting litigations.

In managing major aviation litigation, Cozen O’Connor carefully tailors its defense strategy to each client and each situation. Rather than providing cookie-cutter answers and stock briefs, Cozen O’Connor adds value by being creative, adaptive, and persuasive.

 

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Publications

Lexology Panoramic Air Transport 2025

September 02, 2024

Jonathon Foglia and Amanda Geary Losacco contributed the United States Chapter to the Lexology Panoramic Air Transport 2025 guide.

Global Governance: Goals and Lessons for AI [Microsoft]

May 17, 2024

David Heffernan and Rachel Schwartz contributed the chapter “The International Civil Aviation Organization (ICAO) “ to the Global Governance: Goals and Lessons for AI book published by Microsoft.

Expect Turbulence Ahead as State AGs and DOT Join Forces to Investigate Airlines and Travel Agencies [Alert]

April 25, 2024

Ann-Marie Luciano, Meghan Stoppel, Jonathon Foglia, and Patrick Rizzi discuss the DOT's recent announcement of an Airline Passenger Protection partnership with State AGs to empower AGs to more effectively investigate complaints and enforce state laws.

DOT Proposes Consequential Changes to Air Carrier Disability Accessibility Regulations [Alert]

March 05, 2024

Jonathon Foglia and Michael Deutsch discuss the U.S. Department of Transportation's proposed changes to regulations, which would enact penalties for wheelchair mishandling, ensure safe, dignified, and prompt assistance, and improve accessibility standards for disabled passengers.

Ready for Takeoff: Introducing Powered-Lift in the Next Era of Civil Aviation Innovation [The Air & Space Lawyer]

December 03, 2023

Amanda Losacco contributed an article to The Air & Space Lawyer discussing the Federal Aviation Administration's efforts to integrate powered-lift operations into the National Airspace System.

DOT Issues Rule on Aircraft Lavatory Accessibility for Passengers with Disabilities [Alert]

July 28, 2023

Jonathon Foglia, Michael Deutsch, and Rachel Schwartz discuss the DOT's new rule requiring lavatories on most single-aisle commercial aircraft operated to, from, or within the United States to be more accessible for passengers with disabilities.

Unintended Consequences: Why the Biden Administration’s Proposed Aviation Consumer Protection Initiatives Will Worsen the Air Travel Environment [The Air & Space Lawyer]

July 27, 2023

Michael Deutsch discusses the Department of Transportation’s (DOT) new proposed aviation consumer protection regulations in The Air & Space Lawyer.

CBP Proposes Changes to APIS System to Strengthen Aviation Security [Alert]

February 21, 2023

CBP looks to strengthen security by enhancing information that commercial aircraft operators must electronically transmit to CBP through its APIS.

House Passes Bill to Create NOTAM Task Force After Significant System Failure [Alert]

January 27, 2023

The task force will study how to improve the FAA’s Notice to Air Missions system after its failure caused a nationwide ground stop earlier this month.

FAA Declines to Extend COVID-19 Relief at U.S. Slot-Controlled and IATA Level 2 U.S. Airports [Alert]

November 02, 2022

The FAA will not extend its COVID-19 related relief policy for U.S. slot-controlled & FAA-designated International Air Transport Association Level 2 airports.

FAA Issues Final Rule Increasing Mandatory Flight Attendant Rest Periods [Alert]

October 14, 2022

The FAA's rule requires that flight attendants receive a rest period of at least 10 consecutive hours between periods of duty lasting 14 hours or less.

FAA Modifies International Aviation Safety Assessment Program [Alert]

October 03, 2022

The FAA announced several key changes to its International Aviation Safety Assessment program.

DOT Issues Airline Ancillary Fee Proposal [Alert]

September 28, 2022

The U.S. DOT will consider a proposed rule to ensure that consumers have certain ancillary fee information at the time of ticket purchase.

Barriers to Entry: FAA Proposes Flight deck Physical Secondary Barriers [Alert]

August 15, 2022

The FAA proposes rule to require new aircraft be outfitted with installed physical secondary barriers to further protect the flight deck from intrusion.

DOT Issues Proposed Rule on Airline Ticket Refunds [Alert]

August 08, 2022

The Department of Transportation issued a Notice of Proposed Rulemaking, titled Airline Ticket Refunds and Consumer Protections.

DOT Issues Bill of Rights for Airline Passengers with Disabilities; New Airline Family Seating Notice [Alert]

July 12, 2022

The U.S. DOT has published a Airline Passengers with Disabilities Bill of Rights which describes the fundamental rights of air travelers with disabilities.

Airlines Applaud Lifting of COVID Testing Requirement for U.S. Arrivals [Alert]

June 23, 2022

The CDC rescinded the COVID-19 testing requirement for U.S. arriving passengers on June 15. Airlines for America welcomed the CDC's decision.

DHS Again Postpones REAL ID Deadline [Alert]

April 29, 2021

Rachel Welford discusses DHS's extension of the REAL ID deadline to May 3, 2023.

The Efficacy of Preemption Defenses in Airline COVID-19 Litigation [Alert]

July 27, 2020

William H. Walsh and Anusha E. Jones discuss potential preemption defenses that could be available to airlines and their potential effectiveness.

DOT/HHS/DHS Issue Joint COVID-19 Guidance to Airlines and Airports

July 06, 2020

On July 2, 2020, the U.S. Departments of Transportation, Homeland Security, and Health and Human Services issued a joint guidance document titled “Runway to Recovery- the United States Framework for Airlines and Airports to Mitigate the Public Health Risks of Coronavirus.”

DOT Issues New Guidance Regarding Airlines’ Obligation to Provide Passenger Refunds [Alert]

May 13, 2020

Rachel Welford discusses DOT's guidance for airline carriers operating flights to, from, and within in the United States on when it is necessary to offer ticketed passengers refunds.

Rolls-Royce Petitions U.S. Supreme Court to Block Discovery in Aid of International Arbitration [Alert]

April 28, 2020

David Loh and Chris Raleigh discuss the possibility of the U.S. Supreme Court permitting U.S. discovery in international private arbitration and what that means for foreign companies doing business in the United States.

DOT to Impose Minimum Air Service Obligations For U.S. Carriers Receiving CARES Act Financial Assistance [Alert]

March 31, 2020

David Heffernan and Rachel Welford discuss DOT's proposed parameters for implementing the authority granted it by the CARES Act to maintain scheduled air transportation to U.S. points.

Events & Seminars

Past Events

CBP Roundtable

January 25, 2023 - Nashville, TN

2016 London Market USA Study Tour

July 10, 2016 - Chicago, IL

2016 RIMS Annual Conference

April 10, 2016 - San Diego, CA

In The News

Legal 500 Recognizes Seven Cozen O’Connor Practice Areas and 16 Cozen O'Connor Attorneys in its 2024 Legal Guide

July 10, 2024

The Legal 500 United States named Cozen O’Connor’s Aviation, Construction, Immigration, Insurance, Maritime, and Mergers & Acquisitions practices and Cozen O’Connor attorneys Scott Bettridge, Raymond DeLuca, Michael Deutsch, Geoffrey Ferrer, Bruce Ficken, Jonathon Foglia, David Heffernan, Matthew Howell, James Kwartnik, Robert Magovern, Jeffrey Mullen, Patrick Rizzi, Rachel Schwartz, Josh Stein, Jeff Vogel, and Rachel Welford to its 2024 Legal Guide.

Cozen O'Connor Adds Hogan Lovells Aviation Atty In DC

February 12, 2024

Patrick Rizzi was featured in a Law360 article discussing his transition to Cozen O’Connor.

Legal 500 Recognizes Six Cozen O’Connor Practice Areas and 16 Attorneys in its 2023 Guide

July 10, 2023

Cozen O'Connor's Aviation (Litigation/Regulation), Construction, L&E, M&A (Midmarket), Shipping (Finance and Litigation/Regulation) practices were ranked by the Legal 500.

US Regulator Grants Exemption for Drone Flight During Lockdown [Financial Times]

April 22, 2020

Bill Walsh was quoted in an article in the Financial Times titled, "US Regulator Grants Exemption for Drone Flight During Lockdown." This article discusses a new coronavirus-related waiver for drone flight which allows an oil and gas company in Houston, TX to use unmanned aircraft instead of humans to inspect its facilities while the staff remains in lockdown.

Contacts

William H. Walsh

Member

wwalsh@cozen.com

(206) 224-1296

People

Awards

57 Cozen O’Connor Lawyers, 16 Practices Earn Top Recognition in Chambers USA 2019 Guide

April 25, 2019

Chambers USA, the leading annual guide to the top lawyers and law firms in the USA, has ranked 57 Cozen O’Connor lawyers as leaders in their respective fields in the Guide’s 2019 edition.

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