The Committee explores issues arising in aviation matters, including: litigation techniques and tactics (at the pre-trial, trial and appellate levels); innovative use of demonstrative and computer-generated evidence; insurance coverage and defense; product liability; tort reform; multidistrict litigation; choice of law; sharing, funding, and other settlement agreements; and alternate dispute resolution.
Many of our members are experts on the Warsaw Convention, including the Montreal Protocols and IATA Intercarrier Agreements; the Montreal Convention; the Chicago Convention; the Death on the High Seas Act; the Foreign Sovereign Immunities Act; the Federal Tort Claims Act; the Suits in Admiralty Act; the Freedom of Information Act; the Federal Aviation Regulations; and numerous other treaties, statutes, agreements, and laws that are frequently involved in aviation tort litigation, particularly aircrash cases.
In addition, we also share information and explore issues arising from aviation enforcement cases involving the Federal Aviation Administration and the National Transportation Safety Board, and those touching on transactional matters.
If you made it past the title, I assume you know what subrogation is, and you have likely participated in a subrogation claim in some manner. As in most other areas of the law, law school teaching on the matter falls short of capturing the reality and practicalities of practice.
On July 21, 2008, New York’s Governor Patterson signed a bill into law that will prevent an insurance company from unilaterally disclaiming coverage for personal injury or wrongful death claims based upon untimely “notice of claim.” Under the new law taking effect on January 17, 2009, before disclaiming coverage, the insurer will have to be able to demonstrate that they were materially prejudiced by the untimely claim (if it was filed within two years of the accident).