Judy R Nemsick

Partner
  • T 212.513.3514
  • Aviation

    • 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
  • Privacy

    • 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
  • Appellate

    • Served as co-lead counsel before the U.S. Supreme Court in seminal treaty case involving the pre-emptive 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 pre-emption grounds
    • Argued before the Ninth Circuit Court of Appeals regarding federal pre-emption 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