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Attorney Profiles
> Jonathan E. DeMay
Jonathan E. DeMay joined Condon & Forsyth LLP in 1998 and is a
partner of the firm. Jon’s practice encompasses the representation of airlines and aircraft
manufacturers, corporate and private jet services, component manufacturers and maintenance companies. He has represented aviation
clients in federal and state courts throughout the U.S. at both the trial and appellate levels.
He principally focuses on representing clients relating to major aviation
accidents, products liability, aircraft financing transactions, commercial
transactions, aircraft hull damage claims
and general aviation. Jon has lectured at aviation and insurance seminars relating to a
variety of issues, including issues and tactics relating to defending major aviation accident litigation.
He frequently counsels clients about electronic discovery and social media issues and
is an ongoing participant in The Sedona Conference Working Group on Electronic Document
Retention and Production, as well as the Working Group on International Electronic Information
Management, Discovery and Disclosure.
Jon has extensive experience representing airlines in major accident litigation. He had a
significant role in the team representing American Airlines in the November 2001 Flight 587
accident, including preparing witnesses (from pilots and engineers to company vice presidents)
for their depositions and then defending more than 20 of those depositions. He also has a significant role in the team
representing Colgan Air in the February 2009 Flight 3407 accident, including handling damages discovery and related
motion practice.
Jon has prosecuted and defended hull damage cases ranging from towing accidents involving
Boeing B737 and Learjet 60 aircraft to fueling incidents involving Boeing B777 aircraft.
He is well versed in the damages associated with hull damage claims, including repair costs,
loss of use, lost profit and diminution in value, as well as the implications of fractional
ownership upon such claims.
Jon has represented aircraft manufacturers relating to aircraft sales transactions, including
litigation seeking the enforcement of guarantee agreements and an airline’s default on aircraft
payments. In addition, he has defended a U.S. government contractor in a wrongful death action
arising out of the crash of a McDonnell Douglas A4-N Skyhawk military aircraft during a military
training exercise.
Jon is admitted to the bar of New York (1999), the U.S. District Courts for the Southern and Eastern
Districts of New York (1999), the U.S. Court of Appeals, Second Circuit (2001), the U.S. Court of Appeals, Seventh Circuit (2010),
the U.S. Supreme Court (2006), the U.S. District Court for the Western District of New York (2009), and
the U.S. District Court for the Northern District of Illinois (2010).
He is a Vice Chair of The American Bar Association, Tort Trial and Insurance Practice Section,
Aviation and Space Law Committee; as well as a member of The Sedona Conference
(Working Group on Electronic Document Retention and Production; Working Group on International
Electronic Information Management, Discovery and Disclosure) and The Federal Bar Council.
He also is a member of the Board of Associate Trustees and is the Chair of the New York City
Alumni Outreach Committee of Siena College.
Jon is a graduate of Fordham University School of Law (J.D., 1998) (Staff Member, Fordham
Urban Law Journal; Judicial Intern, The Honorable Kevin T. Duffy, Senior District Judge,
U.S. District Court, Southern District of New York) and Siena College (B.B.A. in accounting, 1995).
Published Works and Presentations:
- Contributing Editor, ABA Tort Source, ABA TIPS (Fall 2011). As a contributing editor, Jon assisted with the development, editing
and publication of three articles relating to social media: "Discoverability of Social Media from the Plaintiff's Perspective";
"The Defendant's Perspective: Use of Social Media;" and "Admissibility and Authentication of Social Media."
- Wrongful Death Litigation Arising Out of the Continental Connection
Flight 3407 Accident: A Federal Court Compels Plaintiff to Produce a Broad Array of Damages Discovery,
Including Social Media.
Condon & Forsyth LLP Client Alert (December 2011).
- The Implications of the Social Media Revolution on Discovery in U.S. Litigation.
American Bar Association, The Brief (v.40, no.4, Summer 2011).
- U.S. Litigation Arising Out of the Air France Flight 447 Accident
Dismissed on Forum Non Conveniens Grounds for a Second Time: Another Significant Victory for Defendants.
Condon & Forsyth LLP Alert (June 2011).
- Developing trends in major airline accident litigation in the United States. Aviation Law Committee Newsletter of the International Bar
Association Legal Practice Division (v.14, no.1, June 2011).
- Program Co-Chair, New York City Bar Association - ABA Section of Litigation, Aviation Litigation CLE Seminar in New York City on June 2, 2011.
Jon, along with the other Program Co-Chairs, was responsible for the development of the Program, including assembling the panelists and speakers.
- Implications of the Social Media Revolution on Aviation Litigation. ABA/TIPS Aviation and Space Law Committee Newsletter (Winter 2011).
-
U.S. Litigation Arising Out of the TAM Linhas Aéreas Flight 3054 Accident: Another Significant Forum Non Conveniens
Setback for Plaintiffs in Federal Court. Condon & Forsyth LLP Alert (February 2011).
- Participated in panel discussion, "Research Techniques and Sources in Aviation Litigation",
which addressed social media issues at the American Bar Association
Tort Trial & Insurance Practice Section Aviation & Space Law Committee CLE Seminar, "Aviation and Space Law Litigation"
(October 21, 2010).
-
Forum Non Conveniens in Foreign Aviation Accidents: Litigating in Federal Court is Often the
Difference Between Winning and Losing. Condon & Forsyth LLP Newsletter (Fall 2010).
- U.S. Litigation Arising Out of the Air France Flight 447 Accident Dismissed
on Forum Non Conveniens Grounds: A Significant Victory for Defendants. Condon & Forsyth LLP Client Alert (October 2010).
- Moderator, "Spoliation and the Duty to Preserve Evidence", which addressed electronic discovery issues at the
American Bar Association Section of Litigation Mass Torts Committee and
the New York City Bar Association on Aeronautics Aviation Litigation CLE Seminar, "Disaster in the Alps!" (June 3, 2010).
- Co-Author, A Spanish Court Applies U.S. Law to Determine Liability and Damages Following Forum Non Conveniens
Dismissal from the United States: Is the Bashkirian Airlines Flight 2937 - DHL Airways Flight 611 Mid-Air
Collision Decision a Game-Changer? IADC, Aviation and Space Law Committee Newsletter (May 2010).
-
Bashkirian Airlines Flight 2937-DHL Airways Flight 611 Mid-Air Collision: A Spanish Court Applies
U.S. Law to Determine Liability and Damages - A Paradigm Shift as to Forum Non Conveniens or
Much Ado About Nothing? Condon & Forsyth LLP Client Newsletter (Special Edition Spring 2010)
- Electronic Discovery In Aviation Litigation: The Other Shoe Drops.
Condon & Forsyth LLP Client Bulletin (February 2010).
- Arik v. The Boeing Co.: The Latest From the Illinois Cook
County Circuit Court on Forum Non Conveniens.
Condon & Forsyth LLP Client Newsletter (Special Edition Winter 2010).
- Forum Non Conveniens: Significant Developments in 2009.
Condon & Forsyth LLP Client Newsletter (Winter 2010).
- Jon presented "Legal Update: Current Developments in Aviation & Insurance Law" at the American Bar
Association and New York City Bar Association "Aviation on Trial!" conference in New York City on June 4, 2009.
- Cook County State Court Cases Continue to Prove Difficult to Dismiss
on Forum Non Conveniens Grounds.
Condon & Forsyth LLP Client Bulletin (November 2008).
- Federal Rule of Evidence 502: A New, Uniform Set of Rules Relating to the Waiver of
Attorney-Client Privilege and the Work Product Doctrine.
Condon & Forsyth LLP Client Bulletin (September 2008).
- Recent Developments in Aviation Law. 73 J. Air L. & Com. 131 (2008). Jon also
presented "Recent Developments in Aviation Law,"
at the SMU Air Law Symposium in Dallas, Texas on February 21, 2008.
- Contributor, The Liability Reporter. International Air Transport Association (February 2008).
- Attempts by Plaintiffs to Defeat Forum Non
Conveniens Motions by Alleging Aircraft Owner or Lessor Liability.
Condon & Forsyth LLP Newsletter (Winter 2008).
- Application of the E-Discovery Amendments to the Federal Rules of
Civil Procedure: Could They Retroactively Apply to Actions Pending
Before the Amendments Went Into Effect? Condon & Forsyth LLP Client
Bulletin (December 2006).
- E-Discovery in the Future: Impending Changes to the Federal Rules of Civil Procedure.
Condon & Forsyth LLP Client Bulletin (July 2006).
- A District Attorney's Decision Whether to Seek the Death Penalty: Toward an Improved Process.
26 Fordham Urb. L.J. 767 (1999) (cited with approval by the Ninth Circuit Capital Punishment Handbook
Ch. 2 at 309 (2006)).
Jonathan E. DeMay
7 Times Square. 18th Floor. New York, NY 10036
Phone: (212) 894-6816; Fax: (212) 370-4453
jdemay@condonlaw.com
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