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> Michael J. Holland
Michael J. Holland joined Condon & Forsyth
in 1972. He is a partner and a member of the Management Committee.
Mike concentrates in
tort and commercial litigation on behalf of the firm's airline clients. He has had extensive
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 published articles and lectured on aviation law at law schools and before airline industry
groups.
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 was Program Co-Chair of the ABA National Institute on Aviation in
Washington, D.C. in 1995 and 2000 and 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 has recently been 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- ). He is a graduate of the University of Notre Dame
(J.D., 1972) and Le Moyne College (B.A., 1969). From 1972-1978, Mike was a 1st Lieutenant for
the United States Army Reserve.
Published Works and Presentations:
- Appeals Court Overturns New York
"Passenger Bill of Rights" Act. Condon & Forsyth 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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