Overview

Judy Nemsick is a litigation attorney in Holland & Knight's New York office. Her practice is focused primarily on complex litigation matters, with an emphasis on aviation-related litigation, class action lawsuits, product liability and privacy issues. She routinely represents clients before state and federal trial and appellate courts, and has authored amicus curiae briefs on behalf of industry trade groups on significant issues before the U.S. Supreme Court and U.S. Courts of Appeals. She has extensive experience representing foreign and domestic air carriers in civil litigation matters, including claims related to commercial disputes, wrongful death and personal injury, privacy and consumer protection, passenger delay and cargo liability. Clients often seek her counsel on legal strategy relating to complicated Montreal Convention and federal pre-emption issues, particularly in sensitive, high-profile matters.

She also has significant experience representing foreign and domestic companies, including app developers, in class action consumer privacy matters involving data security breaches, government investigations, and statutory and common law claims related to the taking of personal data.

Ms. Nemsick is a frequent speaker and writer on various topics, including personal jurisdiction, the Airline Deregulation Act, the Montreal Convention, social media discovery, Montreal Protocol 2014 and airline passenger protection laws. She has authored chapters on choice of law and federal jurisdiction for the ABA treatise Litigating the Aviation Case From Pre-Trial to Closing Argument (3rd and 4th editions).

In addition, she is an editor and regular contributor to Holland & Knight's Centerline newsletter alerts and the firm's Aviation Law Blog. She is national chair of the Holland & Knight Women's Initiative and is also a member of the International Aviation Women's Association (IAWA).

Experience

  • Defended airlines in numerous air disaster multidistrict litigations, including the Air France Flight 447 accident in the mid-Atlantic Ocean; the American Airlines Flight 587 accident near Belle Harbor, N.Y.; and the Swissair Flight 111 accident near Peggy's Cove, Nova Scotia
  • Obtained declaratory judgment permanently enjoining enforcement of state laws establishing pricing and route restrictions on air ambulance carriers
  • Negotiated favorable settlement for commercial cargo air carrier on aircraft lease dispute following commencement of breach of contract action
  • Achieved dismissal of putative class action claims relating to billing practices by air carriers on federal preemption grounds
  • Obtained forum non conveniens dismissal for foreign air carrier in litigation arising from an accident outside the United States
  • Attained pre-answer dismissal of putative class action claims against domestic air carrier arising from weather-related tarmac delays
  • Coordinated response of a foreign commercial air carrier to a government investigation and subpoena, resulting in no charges or claims against the air carrier
  • Secured appellate review of privacy ruling that resulted in negotiation of favorable settlement for commercial air carrier
  • Represented board member of a foreign air carrier in litigation in New York and Florida arising from an overseas accident
  • Obtained denial of class certification of purported class for claims arising from delayed and cancelled flights caused by a cabin crew strike of a major commercial air carrier
  • Represented commercial air carrier in passenger discrimination action

  • Obtained pre-answer dismissal of statutory and most common law claims in putative class action lawsuit against app developer that allegedly captured personal data without consent
  • Counseled air carrier on potential data security breach and required legal notices
  • Advised air carrier on federal preemption arguments concerning alleged recording of personal information without notice

  • Served as co-lead counsel before the U.S. Supreme Court in seminal treaty case involving the preemptive effect of the Warsaw Convention
  • Authored trade industry amicus brief in support of commercial air carrier in U.S. Supreme Court case addressing applicability and scope of air carrier immunity under the Air Transportation Security Act (ATSA)
  • Secured affirmance by California Court of Appeals of dismissal of privacy claims against commercial air carrier
  • Argued before the Eleventh Circuit Court of Appeals seeking affirmance of lower court's dismissal of class action claims challenging air carrier's billing practices on federal preemption grounds
  • Argued before the Ninth Circuit Court of Appeals regarding federal preemption under the Airline Deregulation Act of common law claims against commercial air carrier in dispute concerning status of member in frequent flyer program
  • Authored amicus brief of airline trade group in the First Circuit Court of Appeals in support of air carrier's treaty and preemption defenses in child abduction case
  • Secured affirmance in New York Supreme Court, Appellate Division, First Judicial Department, of the trial court's finding that contractual late fees constituted unenforceable penalties
  • Authored trade industry amicus brief in support of commercial air carrier's petition for a writ of certiorari to the U.S. Supreme Court in a case regarding recovery of mental injuries under Article 17 of the Montreal Convention

Credentials

Education
  • St. John's University School of Law, J.D.
  • Boston College, B.A., English, magna cum laude
Bar Admissions/Licenses
  • New York
Court Admissions
  • All State Courts in New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Northern District of New York
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Supreme Court
Memberships
  • American Bar Association, Litigation Section
  • American Bar Association, Tort Trial and Insurance Practice Section (TIPS)
  • International Aviation Women's Association (IAWA)
Honors & Awards
  • Who's Who Legal: Transport, Aviation Contentious, 2017-2019
  • The Best of the Best USA, Aviation, Legal Media Group's Expert Guides, 2017
  • Guide to the World’s Leading Aviation Lawyers, Legal Media Group’s Expert Guides, 2017-2019
  • Chambers USA – America's Leading Business Lawyers guide, Transportation: Aviation: Litigation, 2015-2019
  • The Legal 500 USA, Dispute Resolution: Product Liability, Mass Tort and Class Action - Aerospace/Aviation, 2016
  • Phi Beta Kappa
  • St. John's Journal of Legal Commentary, Articles Editor

Publications

Speaking Engagements

News