Authors:
Desmond T. Barry, Jr.
(e-mail, attorney bio)
Published Works:
- Litigating the Aviation Case From Pretrial to Closing Argument, second edition.
American Bar Association, 1998. (editor)
- Recoverability of Pre-Impact Fear Damages in Aircraft Disaster Cases.
Defense Counsel Journal (April 1998).
- Unlimited Liability: The New Ball Game in International Transportation By Air.
64 Defense Counsel Journal 381 (July 1997).
- A Practical Guide to the Ins and Outs of Multidistrict Litigation. 64 Defense
Counsel Journal 58 (Jan. 1997).
- Aviation Insurance. New York Insurance Law (Chapter 46: 1995).
- Recoverable Damages in Wrongful Death Actions Governed by the Warsaw Convention.
(Feb. 1995).
- Foreign Corporations: Forum Non Conveniens and Change of Venue. 61 Defense Counsel
Journal 543 (Oct. 1994).
- Forum Non Conveniens: The Arguments for and Against Dismissal/ Transfer of the Foreign
Corporation. International Association of Defense Counsel (July 1994).
- Certain Particulars of Article 8 of the Unamended Warsaw Convention and the Particular
Specter of Potential Unlimited Liability (June 1994).
- The Proof of Foreign Damage Law Under the Federal Rules of Civil Procedure.
The Defense Research Institute Damages Seminar (March 1994).
- Punitive Damages in Domestic and Foreign Mass Disaster Cases: The Defense View.
ABA National Institute on Litigation in Aviation (Oct. 1990).
- The Defense of Airlines in Major Air Crash Litigation. Association of Defense
Trial Attorneys (April 1989).
- Solving Choice of Law Problems in Foreign Sovereign Immunities Act Cases. Defense
Counsel Journal (July 1988).
- The Evolution of Warnings: The Liberal Trend Toward Absolute Product Liability.
20:1 The Forum (Fall 1984).
Seminar Presentations:
- Liability Issues in a Codeshare Environment. Speaker at the ABA Aviation Litigation
Seminar, New York (2001).
- Handling the Media When Litigating A Major Aviation Disaster: The Defense
Perspective. Speaker at the ABA Aviation Litigation Seminar, New York (2000).
- The Pretrial Discovery Process: What to Expect and How to Protect Your Company.
Speaker at the DRI First Annual Conference for European Manufacturers and Insurers, Brussels,
Belgium (1999). (co-speaker Christopher R. Christensen)
- Recent Changes in the Warsaw Convention and Their Likely Effect on Airline Liability
Claims. American Bar Association (1998).
- Liability Evidence Issues in Aviation Trials. Speaker at Embry-Riddle Aeronautical
University's 10th Annual Aviation Law and Insurance Symposium, Daytona Beach, Florida (1997).
- A Trial Lawyer’s Tips on Dealing with the Suffering Client: A Defendant’s
Perspective. Speaker at the ABA National Institute on Litigation in Aviation,
Washington D.C. (1995).
- 100 Ways to a Better Closing Argument. Speaker at The Defense Research Institute
Damages Seminar (March 1995).
- Legal Issues Involved in Litigating with Foreign Corporations: A Defendant’s
Perspective. Speaker at the ABA National Institute on Litigation in Aviation (Oct. 1993).
- The Defense Perspective on Handling Domestic and Foreign Claims Against an
Airline. Speaker at the Aviation Law Insurance Symposium, Embry-Riddle Aeronautical
University (1993).
- Punitive Damages in Domestic and Foreign Mass Disaster Cases -- The Defense
View. Speaker at the ABA Aviation in Litigation Seminar, Washington D.C. (1990).
- Conducting Depositions and Other Discovery in Foreign Jurisdictions. Speaker at
15th Annual Aviation Law Seminar, The Florida Bar Trial Lawyers Section and Aviation Law Committee
(Nov. 1991).
- Legal and Practical Considerations Involved in Conducting Foreign Discovery.
International Association of Defense Counsel, Open Forum Program (1991).
Christopher R. Christensen
(e-mail,
attorney bio)
The Government Contractor Defense in Litigating the Aviation Case from Pretrial to Closing
Argument. American Bar Association (1998).
Aviation Law Compendium, co-editor, American Bar Association.
Beaumont Garnault Fifth International Aviation Conference, July 5-7, 2000.
Stephen J. Fearon
(e-mail,
attorney bio)
Recoverable Damages in Wrongful Death Actions Governed by the Warsaw Convention.
62 Defense Counsel Journal 367(July 1995).
Liability Limits Vis-A-Vis The Passengers -- The American Way. Risk & Insurance
Managers Forum (RIMF), Munich, Germany (1995)
Handling an Aviation Terrorism Case. Speaker at the ABA Litigation in Aviation
Seminar, Washington D.C. (1989).
Michael J. Holland
(e-mail,
attorney bio)
Footing the Bill: Paying the Legal Costs of Criminal Proceedings. (accepted for
publication in Defense Counsel Journal in January 2002 issue.
The Role of Discovery in Aviation Cases: Litigating the Aviation Case from Pretrial to
Closing Argument. American Bar Association, 2nd ed., chapter 6 (1998).
Demonstrative Evidence in Aviation Cases. American Bar Association (1998).
Selecting the Jury in an Air Crash Disaster Case. American Bar Association (1996).
The Self-Analysis Privilege: Shielding the Trust or Encouraging Improvement? The
Brief (Fall 1995).
The Computation of Damages in Personal Injury and Wrongful Death Cases in the Second
Circuit. Defense Counsel Journal (1994).
Admissibility of Accident Reports into Evidence Under Federal Rule of Evidence
803(8)(C). Insurance, Negligence and Compensation Law (INCL) Journal, New York State
Bar Association Journal (June 1989).
The Imposition of Sanctions Under CPLR sec.83-3-a and Federal Rule of Civil Procedure
11. INCL Journal (Dec. 1989).
Criminalization of Negligence: The "Third Rail" in Aviation Accident Litigation.
The Florida Bar Trial Lawyers Section, Blue Angels Seminar, Pensacola, Florida (Nov. 8-10, 2001).
Aviation Issues in the Real Millennium. ABA, Washington, D.C. (Oct. 18-19, 2001).
ATLA Aviation Section, Montreal, Canada (July 16, 2001).
Footing the Bill: Paying the Legal Costs of Criminal Proceedings. IADC, Dublin,
Ireland (July 1-5, 2001).
Aviation Issues in the New Millennium. ABA, Washington, D.C. (Oct. 19-20, 2000).
Recent Developments in Family Assistance Act Requirements. AON, Bogota, Columbia
(Sept. 13-15, 2000)
Defending Foreign Air Crash Cases in the United States: The Effective Use of Forum Non
Conveniens Defense. Speaker at Meet the Blue Angels, Current Aviation Law Developments,
presented by the NTSB Bar Association and The Florida Bar's CLE Committee, Pensacola Beach,
Florida (1999).
Settlement of Aviation Cases. ABA 1999 Aviation Seminar, Washington, D.C. (Oct. 21,
1999).
Expediting The Fair Resolution of Aviation Cases. Speaker at the ABA Aviation
Litigation Seminar, Tort and Insurance Practice Section, Aviation Space Law Committee, Washington
D.C. (1999).
Demonstrative Evidence in Aviation Cases. American Bar Association (1998).
The Real Thing: State Law Tort Reform. Address at the ABA Litigation in Aviation
Seminar, Washington D.C. (1995).
Defending Foreign Air Crash Cases in the United States. Eighth Annual Aviation Law
Insurance Symposium Embry-Riddle Aeronautical University, Daytona Beach, Florida (Jan. 26-27, 1995).
Defenses that an Air Carrier has to Claims Brought in the United States. TACA
Personnel, El Salvador (July 8, 1994).
Limits of Liability in Passenger Cases and Recent Trends in Major Aviation
Litigation. Mexico City, Mexico (Aug. 17, 1989).
Team Excellence: Key to the Future. WACRA Annual Meeting, Lisbon,
Portugal (Nov. 7-9, 1988).
Jennifer J. Johnston
(e-mail,
attorney bio)
The Default Judgment Trap: How To Avoid Surprise Judgments. 3:3 The Alert
(Sept. 1998).
Roderick D. Margo
(e-mail,
attorney bio)
Shawcross & Beaumont, Air Law, 4th ed., rev., Butterworths: London, 2002.
Co-editor (with David McClean, Richard Gardiner, John Balfour and Jeffrey Goh) of the most
comprehensive treatise on English aviation law.
Aviation Insurance. Third Ed., Butterworths: London, 2000. Treatise on the law
and practice of aviation insurance and reinsurance, including spacecraft and hovercraft insurance,
focusing on English law and London market practice. Foreword by Lord Mustill (1st ed., 1980; 2nd
ed. 1989).
Editor and co-author, The Liability Reporter. published annually by Condon &
Forsyth LLP and the International Air Transport Association, 1998-date.
Insurance Aspects of the New International Passenger Liability Regime. 24 Air &
Space Law 134 (1999).
The Role of Insurance in Aviation Finance Transactions. in the Handbook of
Airline Finance, Gail Butler & Martin Keller, eds., 279-96 (1999).
Insurance Implications of the IATA Intercarrier Agreements, in The Utilization
of the World's Air Space and Free Outer Space in the 21st Century, (Chia-Jui Cheng and Doo
Hwan Kim, ed.), 97 Kluwer & Co., The Netherlands, 1997.
Legal Aspects of Electronic Ticketing, XXII Annals of Air & Space Law 177 (1997).
Sexual Harassment by Third Parties, 7:7 The Alert 1997.
Aspects of Insurance in Aviation Finance. 62 J. Air L. & Com. 423 (1996).
Aircraft Leasing: The Airline's Objectives. 21 Air & Space Law 166 (1996).
Kicking and Screaming into the Twenty-First Century: A Practitioner's Prescription for
Updating the Chicago Convention, XX Annals of Air & Space Law 49 (1995).
Recent Seminars and Presentations:
The Aftermath of an Air Disaster: Action, Reaction and Interaction, moderated panel
discussion at the IATA Aviation Insurance Rendezvous, New York, 2-3 April 2001.
IATA Legal Symposium, Dubai, U.A.E., February 5, 2001. Moderated panel discussion on
recent developments in airline liability, and gave presentation on the Legal Implications of
Deep Vein Thrombosis to IATA Legal Affairs Committee.
Moderated panel discussion on the legal implications of a hypothetical Australian air
disaster, Aviation Law Association of Australia and New Zealand, annual conference, 12-15
October 2000, Sydney.
Legal and Contractual Considerations of E-Business in the Commercial Aviation
Industry, Conference on Developing, Implementing and Benefiting from an E-Business
Strategy, 21-22 June 2000, Phoenix, Arizona.
The New Montreal Convention on Liability in International Air Transportation - What it
all means, Lawyer-Pilots Bar Association, 3 February 2000, Palm Springs, California.
The Practical Implications of the Montreal Convention 1999: An American Perspective,
Airline Insurance Conference, 9 March 2000, London, U.K.
Some of the Challenges in Adopting a New Warsaw Convention, IATA Legal Symposium, 7-9
February 1999, Madrid, Spain.
Family Assistance for Foreign Airlines. Presentation to the Association of Asia
Pacific Airlines (May 1998).
Insurance Aspects of the New International Passenger Liability Regime. IATA
Legal Symposium, Miami, Florida (1997).
Katherine B. Posner
(e-mail,
attorney bio)
Wrote chapter entitled The Use of Summary Judgment in Defending Employment Discrimination
Cases in ABA Litigating the Employment Tort Case, 2d ed. (2001).
Insurance Coverage in the Year 2000. 52 CPCU Journal (Spring 1999).
Y2K Aviation Issues. Air and Space Lawyer (Winter 1999).
Employment Law -- U.S. Supreme Court Clarifies Employer Liability for Sexual Harassment
by Supervisors. 3:3 The Alert (Sept. 1998).
Important Legal Issues Involving the Year 2000 Problem. 3:3 The Alert (Sept. 1998).
The Year 2000. 3:3 The Alert (Sept. 1998).
EEOC Guidelines on Psychiatric Disabilities: Clarification or Confusion? 7:7 The
Alert (June 1997).
Employment References: What Are An Employer's Risks? 7:7 The Alert (June 1997).
Liability and Insurance Coverage for Medical Monitoring Awards: Will Policyholders Get
Relief? 7 Environmental Claims Journal 19 (Spring 1995).
Avoiding Reinsurance Arbitration Clauses. Air & Space Lawyer (Winter 1995).
Coverage for Punitive Damages: Choice of Law Shell Game. 60 Defense Counsel
Journal 399 (July 1993).
Technology in the Courtroom: Preparing for the 21st Century. New York Law
Journal (Oct. 12, 1993).
Products Liability Coverage After Park-Ohio: The Pollution Exclusion Rides Again.
5 Environmental Claims Journal 477 (Summer 1993).
The Status of Aviation Legislation. Air & Space Lawyer (Winter 1992).
When Multiple Insurance Policies Apply: The Emerging Battle Between Policyholders and
Insurers.
Frank A. Silane
(e-mail,
attorney bio)
Liability for Commercial Space Ventures. Air & Space Lawyer (Spring 1994).
Civil Liability in Commercial Space Ventures Under United States Law. University of
Burgundy, "L'exploitation Commerciale de L'expace" (1992).
Lost in Space. "Los Angeles Lawyer," Magazine of the Los Angeles County Bar
Association (1991).
The Ethical, Moral and Media Issues Created by a Mass Tort, TIPS/Aviation & Space Law
Committee Annual Meeting (1997)
Overview of National Transportation Safety Board Regulations and Investigative
Procedures. Orange County/ San Diego County Bar Association Annual Conference on
Aviation Law (1995).
Legal Implications and Developments in Space Law. Embry-Riddle Aeronautical
University, Seventh Annual Aviation Law/ Insurance Symposium (1994).
Anatomy of a Trial. Orange County Bar Association, "Annual Aviation Law
Symposium" (1992).
Civil Liability and Commercial Space Ventures Under United States Law." University
of Burgundy, International Conference, "L'exploitation Commerciale de L'espace" (1992).
A Practical Approach to MDL Case Management. Speaker at the ABA Litigation in
Aviation Seminar, Washington D.C. (1990).
Recent Developments in California Insurance Law. Lloyd's of London Press Fifth
International Aviation Law Seminar (1987).
Liabilities Between Manufacturers and Users of Aircraft. American Bar Association
Tort and Insurance Practice Section Conference, "Litigating the Aviation Case" (1987).
Special Insurance Coverage Problems Involving the Insurance Broker. Practicing Law
Institute Conference, "Professional Liability Insurance for Attorneys, Accountants and Insurance
Brokers" (1986).
Aviation Case Evaluation and Settlement - The Defendant's Perspective. Aviation
Section, Seattle King County Bar Association and Aviation Section Oregon Bar, Thirteenth Annual
Aviation Law Seminar (1985).
Early Risk Analysis. Lloyd's of London Press Third International Aviation Law
Seminar (1985).
Marshall S. Turner
(e-mail,
attorney bio)
Defending Product Liability Claims: The Defense View. 13 Air & Space Lawyer 6,7
(Winter 1999).
Supreme Court to Decide Whether Daubert Should Apply to
"Non-Scientific" Expert Testimony. 3:3 The Alert (Sept. 1998).
The Manufacturer's Duty to Warn. 7:7 The Alert (June 1997).
Technology in the Courtroom: Preparing for the 21st Century. (co-authors
Katherine B. Posner, Robert Bennett) New York Law Journal (Oct. 12, 1993).
Interactive Animations are Wave of the Future. New York Law Journal (Feb. 16, 1993).
Electronic Data Animation: Admissibility. Forensic Techniques Annual Conference.
Lloyd's of London (Oct. 2000).
Product Liability Tort Reform. Aviation Law Association of Australia and New Zealand,
19th Annual Conference, Sydney, Australia (Oct. 2000).
Authenticity and Admissibility of Digital Data. Lloyd's of London (Oct. 1999).
GARA and Aviation Product Liability Tort Reform: Raising New Issues in Aviation Product
Liability. Speaker at the ABA Aviation Liability in the 21st Century Seminar, Washington
D.C. (1996).
Discovery Abuse Sanctions. Speaker at Embry-Riddle's Aviation Law and Insurance
Symposium, Daytona Beach, Florida (1993).