Aviation Litigation
Few firms can match the experience and insider knowledge of the aviation attorneys at Fafinski Mark & Johnson. We serve as trusted advisors to airlines, leasing companies, financial institutions, corporate flight departments, investors, individuals, and any other entities involved in the purchase, sale, financing, or leasing of aircraft. And FMJ brings a practical approach to handling disputes and litigation and advising clients on how to navigate their businesses through such challenges. Aviation lies at the heart of our firm, and our team of experienced litigators has industry knowledge and practical experience to guide their clients through the distractions and threats of complex aviation litigation.
Our attorneys have been representing clients in high stakes aviation litigation in state and federal courts across the country for more than 40 years. Because aviation is such a complex and specialized area, it is important to have litigators who truly know the industry. From complex commercial contract disputes to FAA enforcement actions to personal injury and property damage claims, our team is ready to defend our clients efficiently and aggressively.
In addition, aviation and bankruptcy frequently go hand in hand. Our aviation and bankruptcy professionals have represented banks, leasing companies, vendors, airports and other creditors in nearly all of the major airline bankruptcies over the last 15 years. Whether repossessing aviation assets, restructuring loan or lease transactions, or navigating preference actions or claims procedures, our professionals have the expertise to represent clients in every stage of the bankruptcy process.
Aviation Litigation Practice Areas
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Representative Matters
The matters listed below are a sample of the types of cases FMJ can handle for clients.
- Air Wisconsin Corp. v. Hoeper, 571 U.S. 327 (2014) – FMJ served as lead counsel for Air Wisconsin through trial and the Colorado state courts of appeal, and then served as co-counsel before the U.S. Supreme Court, where we favorably secured a 9-0 decision holding that our client was immune from liability under the Aviation Transportation Security Act.
- FMJ secured a defense verdict on behalf of a major U.S. airline in a claim brought by a passenger seeking more than $5 million in damages related to an alleged traumatic brain injury when struck by a beverage cart on a flight.
- FMJ routinely represents large, international aviation asset funds in complex commercial disputes across the country and internationally.
- FMJ successfully represented a major U.S. airline in federal civil rights litigation initiated by passengers who alleged that company equipment and baggage policies discriminated against individuals with disabilities.
- FMJ secured summary judgment in favor of a charter operator in a multi-aircraft ground collision case involving multi-million dollar property damage and insurance claims.
- FMJ secured dismissal of claims against an aircraft broker in a case alleging breach of contract, fraudulent inducement, and other business torts in which a former customer sought million in damages.
- FMJ has defended airlines in multiple cases of aircraft incursions with catering trucks, jetwash damage, and other airport ground incursions and incidents.
- FMJ has represented airlines, pilots, and other operators in numerous FAA investigations, enforcement actions, and certificate actions, securing dismissal and drastically reduced financial resolutions for our clients.
- FMJ has represented MROs, pilot training centers, and airlines in certification actions and related matters.
- FMJ has negotiated the restructuring of hundreds of commercial aircraft leases in airline bankruptcies and successfully represented clients in contested matters and negotiating and selling bankruptcy claims.
Fafinski Mark & Johnson has litigated in state and federal courts across the country, and our lawyers have been admitted pro hac vice in New York, California, Florida, Pennsylvania, Iowa, North Dakota, and South Dakota, among others. Wherever an aviation litigation matter may arise, we will be there to assist you.
