Aviation and Space
We have litigated and defended complex Aviation and Space matters across the globe for more than 70 years. Our Aviation and Space Department has achieved inimitable experience and competence in the practice of aviation and space law, and our strength in the defense of our clients enables us to skillfully manage any loss or claim anywhere in the world.
Commercial, Corporate and Military Aviation
Our lawyers can focus solely on the practice of aviation and space law and work on virtually every type of air disaster products litigation. We are a diverse group of lawyers, many of whom are also engineers, pilots, and licensed aircraft mechanics. As such, we understand the unique circumstances and technical issues that are present in aviation litigation.
International Practice
Our aviation clients have claims all over the world. In addition to litigating cases and managing claims locally from our offices in New York City and Los Angeles, we also litigate anywhere in the United States and defend our clients’ interests in litigation in many foreign countries such as Ireland, France, Japan, The Netherlands, Ecuador, Brazil, Italy and Spain. When necessary, we carefully select local counsel to assist us, and effectively fuse talents and resources to obtain the best possible results for our clients.
Versatility and Depth
Our department’s experience, competence and expert resource management has enabled us to skillfully handle high-profile cases and complex litigation. Such matters have included:
• American Airlines Flight 965 Cali, Colombia – Mendes represented both the flight management system as well as the navigational chart manufacturer.
• ValuJet Flight 592 Everglades, FL – Mendes represented the maintenance company and the manufacturer of the oxygen generators.
• U.S. Air Force Boeing 737 Crash in Dubrovnik, Croatia (U.S. Commerce Secretary Ron Brown) – Mendes represented the manufacturer of the navigational charts for that particular country.
• September 11 Terrorist Attacks - Mendes defended one of the airport security firms at Boston Logan Airport against allegations that the terrorists passed through the security checkpoint.
• Bashkirian Airlines/DHL Mid-Air Collision over Überlingen Germany - This case involved a mid-air collision between a passenger plane that was primarily occupied by Russian school children and a cargo aircraft. Mendes represented the manufacturer of the collision avoidance equipment on the aircraft.
• Three-Axis Body Stabilized Satellite Litigation - This case involved a dispute over the performance of a satellite’s solar panels, and the causative mechanism for degradation over time. Mendes represented the manufacturer of the glass that protects the solar panels.
• West Caribbean Airlines Flight 708 - This case involved a McDonnell Douglas MD-82, which was chartered for a flight from Panama to Martinique and crashed in Venezuela killing all 160 people on board. Mendes represents the engine manufacturer.
• Tans Peru Flight 204 - This case involves the crash of a Boeing 737-200 on a domestic flight from Lima to Pucallpa, Peru. The accident occurred approximately three miles from the runway in Pucallpa killing 40 passengers and injuring 58 others. Mendes represents the engine manufacturer.
Pioneers in Space Law
We have represented clients in this field from the infancy of the Space Age. We regularly work with sophisticated and highly technical information, oftentimes on the cutting-edge of industry developements. Although our lawyer/engineers have worked in the field of rocket or satellite design, when additional technical expertise is needed, we know where to go to retain the finest experts in the world. Space matters that we have dealt with include defects in radio frequency satellite systems, fuel and propulsion issues, solar-array deployment failures, and damaged or malfunctioning solar panels.
Aircraft Builders Council, Inc. - Over 50 Years of Trust and Guidance
The Aircraft Builders Council, Inc. (ABC) continues to provide a products liability insurance vehicle for the benefit of participating aviation manufacturers. As defense counsel, we advise ABC members on claims and litigation management, on-site accident investigation, post-accident product teardowns, inspections and testing, and liaising and interfacing with government agencies.
An Ounce of Prevention
We work diligently with clients to minimize and prevent claims. In fact, our Aviation and Space Department was among the first to develop product integrity programs for the aviation industry. Not only do we provide clear guidance on product integrity, but also advise on contractual matters, electronic document retention policies, and the litigation process overall. In the event that a claim does materialize, we make sure that our clients are prepared and know what to expect and how to react.
Setting Legal Precedents
We have been involved in the establishment of some of the most notable defenses that are consistently utilized in aviation litigation. Our department pioneered the Government Contractor Defense, which was ultimately affirmed by the U.S. Supreme Court. The defense broadly limits liability for manufacturers whose aircraft products comply with government specifications. We have further amplified this defense by successfully applying it to maintenance provider liability.
We also successfully litigated the Piper v. Reyno case that culminated in an oral argument before the U.S. Supreme Court. The result was a landmark decision establishing a paradigm followed by all federal courts today in deciding whether to dismiss a case based on the doctrine of forum non conveniens. We were also the first to successfully argue in New York State Supreme Court the application of the Foreign Sovereign Immunities Act to a foreign, government-owned airline.
Real-Time Information Access
Managing the details of litigation and claims can create a risk-management challenge. In response, Mendes developed a system to meet that challenge. Our system provides Brokers, Risk Managers and other authorized users quick, 24/7, real-time access to the latest status of any claim or litigated matter, including additional information regarding the claimant, insurance policy involved, reserve detail and financial data through a web portal. Also available for accessing is other documentary material or information that our clients may need. Our system aids in efficient claims management, and further supports a coordinated relationship among insureds, insurers and Mendes.