Holland & Knight attorneys Marc Antonecchia and Judy Nemsick will speak at the 21st Annual ABA National Institute on Aviation Litigation.
Mr. Antonecchia will speak on a panel titled "Does Location Matter for Federal Preemption: Aircraft Owner/Lessor Liability Following Vreeland v. Ferrer." This panel examines the scope of federal preemption over state law claims against owners, lessors, and secured parties for injury caused by aircraft equipment over which they have no actual possession or control. The discussion will address courts' differing interpretations of 49 USC 44112, as well as relevant insurance and indemnification considerations arising out of the continued split in authority.
Ms. Nemsick will speak on a panel titled "Foreign Aviation Accidents: Where Should the Passenger Cases Land and the Other Matters of Convenience?" The panelists will examine significant legal issues encountered by the airlines and manufacturers in seeking forum non conveniens dismissal and plaintiffs’ strategies in overcoming such venue challenges, including the presence of U.S. passengers and defendants, the "fifth jurisdiction," treaty-jurisdiction over third-party actions, choice-of-law complexities, the effect of criminal investigations abroad and "unavailable" forums.
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