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Attorney Profiles
> Michael J. Holland
Michael J. Holland joined Condon & Forsyth in 1972. He is a partner and a member of
the Management Committee. Mike concentrates his practice in tort and commercial litigation
on behalf of the firm's airline clients.
He has had extensive experience handling major aviation accident investigations and litigation.
He is lead counsel for the airline in the May 2008 TACA Flight 390 accident and was counsel
for the airline in the September 1998 Swissair Flight 111 accident and the January 1990
Avianca Flight 52 accident.
Mike also has significant experience in major litigation involving foreign air carriers in
state and federal courts and has represented air carriers in liability litigation in the
United States for more than thirty years. He has represented domestic and foreign airlines
in virtually every conceivable type of airline matter through the years, including antitrust
litigation, hull claims, FAA enforcement actions and aircraft financing.
Mike also has significant experience defending class action litigation on behalf of aviation
clients. He is currently representing a major foreign airline in a class action arising out
of alleged overcharges in the sale of air cargo and passenger tickets and is defending a
maintenance and overhaul facility in a class action case seeking damages for the release of
toxic smoke and fumes into the atmosphere. He recently secured the dismissal of class action
litigation against two airlines that were alleged to have improperly collected a tourism tax.
Mike has been a guest lecturer in Aviation Law at Seton Hall Law School; St. John's University
Law School; Embry Riddle Aeronautical University; the Ontario Bar Association; the World
Airline's Customer Relations Association (Lisbon, 1998); and several American Bar Association
Annual Meetings. He is the past Chair of the Aviation and Space Law Committee of the Tort and
Insurance Practice (TIPS) Section of the American Bar Association. He lectures frequently on
aviation law before bar associations and industry groups. He was appointed to a Task Force by
the TIPS Section of the American Bar Association to draft regulations to submit to the Justice
Department to implement the September 11th Victim Compensation Fund of 2001, enacted as part
of the Air Transportation Safety and System Stabilization Act.
He is admitted to the bar of New York (1973), the U.S. District Courts for the Southern and
Eastern Districts of New York (1973), the U.S. Courts of Appeals for the First, Second, Third,
Fifth, Sixth, Ninth and Eleventh Circuits (1974), the U.S. Court of Appeals for the District of
Columbia Circuit (1974) and the U.S. Supreme Court (1987).
Mike is a member of The Association of the Bar of the City of New York (Member, Aeronautical
Law Committee, 1981-1983); the New York State (Sub-Chairman, Insurance, Negligence and
Compensation Law Section, Aviation Committee, 1985- ) and American Bar Associations; the New
York County Lawyers Association (Member, Committee on Aeronautical Law, 1979- ) (Chairman,
Committee on Aeronautical Law, 1982-1984); the International Association of Defense Counsel.
Mike has served as Arbitrator, Small Claims Court, Civil Court of the City of New York
(1983-1987) and as Arbitrator, U.S. District Court, Eastern District of New York, (1993- ).
Mike has been honorable mentioned in The International Who's Who of Aviation Lawyers (2009-2011).
He is a graduate of the University of Notre Dame (J.D., 1972) and Le Moyne College (B.A., 1969),
where he currently serves on the Board of Trustees. From 1972-1978, Mike was a 1st Lieutenant
in the United States Army Reserve.
Published Works and Presentations:
- Panel Moderator, Fireside Chat - "A Walk Down Memory Lane - Aviation Crash Litigation the Last Fifty
Years", Blue Angels Air and Transportation Law Conference (November 8-12, 2011).
- Speaker, Aviation and the Environment, ALTA Aviation Law Americas (Cartagena, Columbia - September 14-16, 2011)
-
Airline Passenger Protection Rules Take Effect and Are Expanded.
Condon & Forsyth LLP Client Bulletin (September 2011).
-
Passengers Travelling Gratuitously on Private Aircraft Not Entitled to Recover Under Montreal Convention.
Condon & Forsyth LLP Client Bulletin (May 2011).
- Picking the Sovereign's Pocket: Enforcing Your Judgment Against a
Recalcitrant Regime. The Air & Space Lawyer, vol. 23, no. 4 (2011).
- Antitrust and the Airlines. 77 J. Transp. L. Logist. & Pol'y. 307[4] (2011).
- Collecting from the Foreign Sovereign: Putting Their Money
into Your Client's Pocket. IADC Aviation and Space Law Committee Newsletter (February 2011).
-
Two Year Limitation Period Not Applicable to Contribution and Indemnity Claims Under Montreal Convention. Condon & Forsyth
LLP Client Bulletin (February 2011).
- Federalism in the Twenty-First Century: Preemption in the Field of
Air Safety. Defense Counsel Journal, vol. 78, no. 1 (January 2011).
-
Third Circuit Limits Federal Preemption of Air Safety to In-Flight Operations. Condon & Forsyth
LLP Client Bulletin (August 2010).
- Speaker, "Antitrust Developments in Transportation Under the Obama Administration",
Association of Transportation Law Professionals, 81st Annual Meeting, June 2010.
-
DOT Proposes Extension of Tarmac Delay Reporting Requirements to Foreign Air Carriers and
Increase in Denied Boarding Compensation. Condon & Forsyth
LLP Client Bulletin (July 2010).
- Contributor, The Liability Reporter, published jointly by IATA and Condon & Forsyth LLP.
(13th ed., February 2010).
-
Court Dismisses Antitrust Action Alleging Fixing Of Fuel Surcharges By Airlines. Condon & Forsyth
LLP Client Bulletin (April 2010).
-
TSA Implements Screening Program for Cargo Carried on Passenger Flights. Condon & Forsyth
LLP Client Alert (October 2009).
-
Montreal Convention Limits of Liability to Rise 13.1% by End of Year. Condon & Forsyth
LLP Client Alert (September 2009).
- Aviation and Security Infrastructure Fees (ASIF) - Are You Overpaying?.
ALTA Aeropolitical Conference for Legal Issues Facing the Aviation Industry,
Miami, Florida (September 9-11, 2009).
- Forum Non Conveniens: The Swinging Pendulum to Dismissal of Foreign Aviation Accident Cases
in the United States.
The National Transportation Safety Board Bar Association (Fall 2009).
-
Fifth Circuit Clarifies Application of Montreal Convention to Baggage Claims. Condon & Forsyth LLP Client Bulletin (June 2009).
-
Increased Protections for Air Travelers with Disabilities. Condon & Forsyth LLP Client Alert (May 2009).
- Forum Non Conveniens- The Swinging Pendulum to Dismissal of Foreign
Aviation Accident Cases in the United States. Condon & Forsyth LLP Newsletter (Spring 2009).
-
Discovery Reform in the United States: Is it Really at Hand?
Condon & Forsyth LLP Client Alert (March 2009).
-
Peanuts, Pregnancy...And Pre-Emption.
Condon & Forsyth LLP Client Alert (February 2009).
- 2008 Roundup of Decisions Under the General Aviation Revitalization
Act of 1994 ("GARA"). Condon & Forsyth LLP Newsletter (Winter 2009).
- Death & Taxes: Certainties In the Aviation Industry.
ALTA Aviation Law Conference, Miami, Florida (October 29-30, 2008).
- Federal Appeals Court Holds Texas Public Policy Bars
Insurance of Punitive Damages for Corporate Misconduct. Condon & Forsyth LLP Newsletter (Fall 2008).
- Appeals Court Overturns New York
"Passenger Bill of Rights" Act. Condon & Forsyth LLP Client Alert (March 2008).
- Illinois Federal Court Finds That Foreign Sovereign
Immunities Act Precludes Suits In United States Against Peruvian Airline For Damages Arising
From 2005 Accident. Condon & Forsyth LLP Client Bulletin (September 2007).
- Aviation Accident Cases: Where to Litigate -
Federal vs. State Court. Condon & Forsyth LLP Client Bulletin (May 2007).
- The Airline's Emergency Response: Keeping
Your Family Assistance Plan Up-To-Date. Condon & Forsyth LLP Client Bulletin (April 2007).
- A Bill Of Rights For Airline Passengers. Condon
& Forsyth LLP Client Bulletin (February 2007).
- DOT Cracking Down On Deceptive Advertising Of
Airline Fares. Condon & Forsyth LLP Client Bulletin (January 2007).
- Antitrust Claims Dismissed Against Carrier
Following Termination Of Travel Agent's Volume Override Commission Agreement. Condon
& Forsyth LLP Client Bulletin (October 2006).
- Failure to Warn Of DVT Risks is Not an "Accident"
Under the Warsaw Convention. Condon & Forsyth LLP Client Bulletin (August 2006).
- Service Animals in the Cabin. Condon
& Forsyth LLP Client Bulletin (June 2006).
- New International Treaty Affecting Leasing Of
Aircraft and Engines Now in Effect. Condon & Forsyth LLP Client Bulletin (April 2006).
- Claim For Deep Vein Thrombosis (DVT) is Not
Compensable Accident Under Warsaw Convention. Condon & Forsyth LLP Client Bulletin
(March 2006).
- Price Fixing Probe Results In Raids On Airline
Offices. Condon & Forsyth LLP Client Bulletin (February 2006).
- Who You Gonna Call?...[New In-flight Passenger
Regulations on the Horizon]. Condon & Forsyth LLP Client Bulletin (January 2006).
- Drug Heist Forces Definition of
International Liability. Air Cargo News, vol. 4, no. 128 (December 2, 2005).
- New York Court Clarifies Damages Recoverable in Bumping
Case. Condon & Forsyth LLP Client Bulletin (December 2005).
- Foreign Airlines and Ownership of Real Property in the
United States. Condon & Forsyth LLP Client Bulletin (November 2005).
- Code-Share Partner Liability Under Warsaw and
Montreal Convention. IADC Newsletter, Aviation & Space Law Committee (November 2005).
- The Montreal and Warsaw Conventions: International Legal Limits - Then and Now.
Florida Bar Association, Pensacola Beach, Florida (November 8, 2005).
- ATA Proposes New Agreement to Extend Provisions of
Montreal Convention to All International Transportation. Condon
& Forsyth LLP Client Bulletin (October 2005).
- Payment of Special Occupational Tax by
Airline Lounge Operators Serving Alcohol Is Suspended through June 30, 2008. Condon
& Forsyth LLP Client Bulletin (August 2005).
- NTSB Anniversary Report Marks 30
Years. Air Cargo News, vol. 4, no. 59 (June 15, 2005).
- Risk Management: Planning to Handle Things That Are Going to Go Wrong Even If You
Don't Know When - Or - How I Learned to Stop Worrying and Love The Aviation Business.
IATA Legal Symposium, Santiago, Chile (February 2005)
- Conflicts Between The Courts: What's A Lawyer To Do? IADC New York Insurance
Meeting, New York (January 26, 2005)
- The Vanishing Doctrine of Implied Indemnity in Maritime Actions, 72 Defense Counsel Journal,
130 (April 2005), discusses how maritime law has evolved to share the needs of a changing society with
respect to indemnification of ship owners and stevedores.
- Belgian Accounting Firm Enjoined From Pursuing Action
In Brussels To Halt United States Securities Fraud Action. IADC Newsletter of the Multinational
Litigation Committee (November 2004).
- No Personal Jurisdiction Found Over Lessor Based
On Crash of Helicopter in Forum State. IADC Newsletter of the Aviation and Space
Law Committee (October 2004).
- The Puzzle of Defining "Bodily Injury" Under the Warsaw Convention. Defense Counsel
Journal, v. 70 n. 4 (October 2003).
- Montreal Convention to Take Effect on
November 4, 2003. IADC Newsletter of the Aviation and Space
Law Committee (September 2003).
- Is There A Boo-Boo? Defining Bodily Injury Under the Warsaw Convention.
IADC Mid-Year Meeting 2003, Pebble Beach, California (February 17, 2003): This program
addresses the rapidly evolving concept of bodily injury under the Warsaw Convention including
discussion of recent cases that have defined and then refined its meaning.
- Mediating the Aviation Case. For The Defense (July 2002).
- To Appeal or Not to Appeal: When is an Order Directing Arbitration a Final Decision for
Federal Appellate Purposes? IADC Newsletter, Aviation & Space Law Committee
(February 2002).
- Footing the Bill: Paying the Legal Costs of Criminal Proceedings.
Defense Counsel Journal (January 2002).
- Criminalization of Negligence: The "Third Rail" in Aviation Accident Litigation.
The Florida Bar Trial Lawyers Section, Blue Angels Seminar, Pensacola, Florida
(November 8-10, 2001).
- Aviation Issues in the Real Millennium. American Bar Association, Washington,
D.C. (October 18-19, 2001).
- Warsaw convention Pre-Empts State
and Federal Law Claims for Violation of Discrimination
Statutes. IADC Newsletter of the Aviation and Space Law Committee (October 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).
- Air Carrier Liability Under the Air Carrier Access
Act. IADC Newsletter, Aviation &
Space Law Committee (November 2000).
- Aviation Issues in the New Millennium. American Bar Association, Washington,
D.C. (October 19-20, 2000).
- Recent Developments in Family Assistance Act Requirements. AON, Bogota, Columbia
(September 13-15, 2000)
- Los danos indemnizables en el transporte aereo internacional en los Estados Unidos de
America. AITAL: Asociacion Internacional de Transporte Boletin Informativo
(Mazo-Abril 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.
(October 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).
- 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? 25
The Brief 52 (Fall 1995).
- 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 (January 26-27, 1995).
- The Computation of Damages in Personal Injury and Wrongful Death Cases in the Second
Circuit. Defense Counsel Journal (1994).
- Defenses that an Air Carrier has to Claims Brought in the United States.
TACA Personnel, El Salvador (July 8, 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).
- Limits of Liability in Passenger Cases and Recent Trends in Major Aviation
Litigation. Mexico City, Mexico (August 17, 1989).
- The Imposition of Sanctions Under CPLR sec.83-3-a and Federal Rule of Civil Procedure 11.
INCL Journal (December 1989).
- Team Excellence: Key to the Future. WACRA Annual Meeting, Lisbon, Portugal
(November 7-9, 1988).
Michael J. Holland
7 Times Square. 18th Floor. New York, NY 10036
Phone: (212) 894-6740; Fax: (212) 370-4482
mholland@condonlaw.com
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