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

65 McGlinchey Attorneys Recognized in 2024 Best Lawyers, Ones to Watch
McGlinchey Stafford is proud to announce that 65 of its attorneys have been recognized in the 2024 edition of The Best Lawyers in America® and Best Lawyers: Ones to Watch in America. These attorneys represent 12 of the firm’s 17 offices throughout nine states and Washington D.C. The recognized attorneys practice in 39 distinct areas of law. Seventeen attorneys are being recognized for the first time.
How to Maximize Client Relations
Managing Member Michael Ferachi (Baton Rouge) will participate in an ALM Law.com Pro Mid-Market webinar on "How to Maximize Client Relations" on January 24, 2023.
Confidentiality Designations and Sealed Documents CLE
Sealed documents procedures and confidentiality designations can be confusing. Farren Davis (New Orleans) will moderate “Confidentiality Designations and Sealed Documents CLE” hosted by the New Orleans Chapter of the Federal Bar Association on Wednesday, June 29, 2022. This presentation will review confidentiality destination and sealed documents procedures, limitations, and related recent case law. The NewMore
Farren Lorraine Davis Selected for Leadership Louisiana State Bar Association 2021/2022 Class
McGlinchey is pleased to announce that Farren Lorraine Davis has been selected as one of 15 young lawyers from across the state for the Leadership Louisiana State Bar Association (LSBA) 2021/2022 class.
Supreme Court Rejects Ford’s Narrow Reading of Personal Jurisdiction
In a much-anticipated U.S. Supreme Court ruling issued on March 25, the Court unanimously rejected Ford Motor Company’s argument that it could not be subject to personal jurisdiction in products liability actions filed in the states where the plaintiffs resided and where the underlying accidents occurred.