Aviation and Aerospace | McGlinchey Stafford PLLC

McGlinchey's Aviation and Aerospace team represents a range of clients in the aviation and aerospace industry.

Our clients range from manufacturers of aircraft (fixed-wing, rotary, hot air balloons), spacecraft, and satellites, to airports (commercial and private), fixed base operators, commercial air carriers, and insurers.

We advise on a variety of matters including contractual and operational issues, service contracts, casualty matters, government contracts and government relations, asset purchases and sales, mergers and acquisitions, creditors rights, bankruptcy, restructuring, recovery of aviation collateral, intellectual property, data privacy, airline disputes with passengers, and insurance coverage.

We have extensive experience advising on:

Airports. Our work involving airports nationwide includes defending against a myriad of claims including slip and fall accidents, premises liability, security and cargo issues, and passenger disputes.

Accident investigations and litigation. Using our in-depth understanding of the technical, mechanical, and engineering issues underlying aircraft crash and incident lawsuits, we defend clients against allegations of causation and negligence. Our experience includes working with the National Transportation Safety Board (NTSB), the Canadian Transportation Safety Board (CTSB), the Transportation Security Administration (TSA), and the Federal Aviation Administration (FAA) during the often complex and high-stakes investigation process.

Toxic torts. We defend aviation and aerospace clients in toxic torts and long-term exposure litigation arising from the use of aviation products, whether in single claimant litigation or in class action claims.

Airline and Insurance Representation. Having represented airlines and their insurers for many years, we have considerable experience with contracts of carriage, the Montreal Convention, the Airline Deregulation Act, frequent flyer programs, and related issues. We defend airlines and their insurers against allegations of causation, negligence, intentional acts, and breach of contract.

Contact your McGlinchey Aviation and Aerospace team for our latest insights about the following:

Liability and the Passenger Bill of Rights. Regulations governing how airlines serve their customers – commonly referred to as the “Passenger Bill of Rights” – address ticket pricing, policies related to flight delays and cancellations, overbooked flights and “bumping” of passengers, among other issues. Members of the McGlinchey Aviation and Aerospace team monitor changes in the Passenger Bill of Rights and advise clients on legal risks and opportunities associated with regulations.

Aerial taxis. Uber has plans to take ridesharing to the air with an aerial rideshare network as soon as 2023. The network would be served by a fleet of VTOL (vertical takeoff and landing) aircraft in selected U.S. cities and internationally. Our Aviation and Aerospace team follows such technological and service advances closely, ready to address the legal and business issues faced by various players in the industry.

Montreal Convention. The international treaty is the successor to the Warsaw Convention and is extremely important to international air carriers. Our Aviation and Aerospace team is up to date on issues surrounding the Convention pertaining to anything from federal court jurisdiction to limitation of claims.

Firm Earns Appellate Victory for Airline Client in Personal Injury Case
Obtained a favorable decision by the Fifth Circuit Court of Appeal granting firm airline client’s motion to dismiss a plaintiff’s claim of defective seating configuration within an aircraft, which he claimed caused him deep vein thrombosis (DVT). Previously, the 24th Judicial District Court in Jefferson Parish, Louisiana had granted the exception of no cause ofMore
Representation of Global Airline in Personal Injury Suit
Represented global airline in a personal injury suit, arising from an alleged fall in the client’s Oakland, California airport. The plaintiff filed suit in the Western District of Louisiana almost two years after the fall. We filed a motion to dismiss, asserting that the plaintiff’s claim was time-barred, that no compelling considerations supported her actionMore
In re Royale Airlines, Inc. (Bankr. W.D. La.)
Representation of the major secured, aircraft financing lender in this regional airline bankruptcy.
Early Motion Practice in State Court Resolves Private Aircraft Crash Lawsuit
Where we started: The case involved a single-engine aircraft crash that killed both the pilot and his passenger. The resulting multi-defendant litigation comprised two separate cases and included wrongful death and survival claims brought by the surviving family members who sought actual and punitive damages in excess of $100 million. Our strategy – plus more:More
Invoking the “Government Contractor Defense” Resulted in Summary Judgment in Favor of Military Aircraft Manufacturer
Where we started: Our client was sued by the family of a U.S. Marine killed in the crash of a V-22 Osprey tilt-rotor aircraft during a training exercise in Hawaii. The Osprey is a multi-mission military aircraft with both vertical takeoff and landing and short takeoff and landing capabilities. It is designed to combine theMore

Podcast: #WhyMcGlinchey? Lateral to Leadership with Mag Bickford
After joining McGlinchey in 2016, Mag Bickford has risen to firm leadership, serving on the executive Policy Committee, leading the Labor and Employment practice group, and managing the firm’s largest office in New Orleans. In this episode, she speaks with Director of Talent Acquisition Margeaux Roush about the avenues and opportunities for leadership that she has found, priorities forMore
Kerry Cummings to Lead McGlinchey’s Fort Lauderdale Office
McGlinchey Stafford is proud to announce the appointment of Kerry Ann Cummings as the Office Managing Member of its Fort Lauderdale office. Kerry brings a wealth of legal expertise and leadership skills to her new role, which will further enhance the firm's presence and service offerings in the South Florida region.
McGlinchey Head Talks Firm’s 50th Anniversary
McGlinchey Stafford PLLC's managing member recently spoke to Law360 Pulse about the New Orleans-based firm's 50th anniversary, its plans for growth and how it tries to build and maintain a supportive culture.
Ferachi to Serve Second Term as McGlinchey’s Managing Member
McGlinchey Stafford is pleased to announce that as of January 1, 2024, Michael Ferachi has been elected to serve a second three-year term as the firm’s Managing Member. “I am proud of the progress the firm made during my first term, ranging from growing our employee headcount and geographic footprint to expanding our practice areas,More
McGlinchey Stafford Names Eight New Members in 2024
McGlinchey Stafford is pleased to announce the eight attorneys who have been named Members at the firm, effective January 1, 2024. These attorneys represent four practice groups and six of the firm’s 17 offices.