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Experience
Product Liability: Aviation/Aerospace
Estate of Grochowske v. Romey d/b/a/ D&G Supply
Court of Appeals of Wisconsin
Successfully defended Bendix and its successor-in-interest, Precision Airmotive Corporation, as manufacturers of a fuel injection system in three wrongful death actions arising from a crash of Beech model B95A "Travel Air" twin-engine aircraft; trial court held that General Aviation Revitalization Act's (GARA) 18-year statute of repose applied to overhaul manual that Precision Airmotive published in its capacity as a manufacturer. Defense summary judgment affirmed on appeal.
Burton v. Twin Commander Aircraft LLC
State Supreme Court of Washington
Successfully defended Twin Commander Aircraft under the General Aviation Revitalization Act (GARA) in seven wrongful death brought against the aircraft type certificate holder arising out of the crash of a twin-engine aircraft in Mexico. Persuaded Washington Supreme Court to reinstate defense summary judgment after the Court of Appeals reversed the trial court. 254 P.3d 778 (Wash. 2011).
Hetzer-Young, et al. v. Precision Airmotive Corporation, et al.
Court of Appeals of Ohio
Successfully defended Precision Airmotive Corporation in three wrongful death actions brought against the successor-in-interest of the manufacturer of an allegedly defective carburetor; trial court rejected plaintiffs' attempt to circumvent the General Aviation Revitalization Act's (GARA) statute of repose by arguing that Precision Airmotive and its predecessors had fraudulently concealed from the FAA defects in the carburetor float assembly. Defense summary judgment affirmed on appeal.
John and Peta Bain v. Honeywell International, Inc.
U.S. District Court for the Eastern District of Texas
Successfully defended Honeywell in wrongful death action and hull suit against the manufacturer of the helicopter engine's fuel control. Case arose out of a Bell model 206 helicopter accident in British Columbia, Canada; application of Annex 8 of the International Civil Aviation Organization ("ICAO") treaty and Canadian choice-of-law for successful summary judgment.
Girardi v. Heliwest S.r.l.
Tribunal of Turin, Italy
Represented manufacturer of a torsion tension tie bar that failed in-flight, causing the crash of a Eurocopter model SA-314 “Gazelle” helicopter near Laietto/Condove in the Province of Turin, Italy.
Maitra v. Honeywell International Inc.
U.S. District Court for the Central District of Texas
Successfully defended engine manufacturer against two wrongful death actions arising out of the crash of a Mitsubishi model MU-2 aircraft that allegedly lost power on takeoff. Plaintiffs dismissed claims against Honeywell in response to defenses asserted under Texas product liability statutes.
Pakistan International Air Flight PK-740 Air Crash Disaster Near Jeddah, Saudi Arabia
High Court of Sindh (Karachi), Islamic Republic of Pakistan
Successfully defended The Boeing Company in 53 wrongful death actions filed in the High Court of Sindh, Karachi, Pakistan. The case involved application of international treaties and conventions, including Warsaw Convention and ICAO Annex 8. All 53 wrongful death actions were dismissed.
Holck v. AlliedSignal Inc.
U.S. District Court for the Southern District of South Dakota
Successfully defended AlliedSignal against personal injury action and hull suit arising out of a Bell Model 222 helicopter accident in which plaintiffs alleged product liability claims against the manufacturer of the engines' fuel controls. Court granted manufacturer's motion for summary judgment following successful Daubert motion to exclude plaintiffs' expert's opinions concerning alleged product defects.
Carlson v. AlliedSignal Inc.
U.S. District Court for the Northern District of California
Successfully defended AlliedSignal Inc. (now Honeywell International Inc.) in wrongful death action arising out of the crash of a Cessna model 210 airplane in the Pacific Ocean. The case involved claims alleged under the Death on the High Seas Act. The federal district court granted AlliedSignal's motion for summary judgment, dismissing product liability claims against the manufacturer of the engine's turbocharger.
Chernetz v. Eagle Copters Maintenance Ltd.
Court of Queen's Bench of Alberta, Canada
Represented the manufacturer of fuel controls for the engines of a Bell model 212 twin-engine helicopter in defense of six wrongful death actions arising out of a crash in the Republic of the Maldives. Plaintiffs alleged claims against the helicopter manufacturer, engine manufacturer, four component part manufacturers, the Maldivian air carrier and the Canadian helicopter owner. Negotiated global settlements of claims and cross-claims against manufacturers that terminated their participation in the litigation. Chernetz wrongful death action proceeded to trial against the air carrier and helicopter owner.
Investigations & White Collar Defense
United States v. McGrogan
U.S. District Court for the District of Alaska
Successfully defended individual against criminal tax charges prosecuted by the Task Force on Organized Crime. Our client was acquitted following a jury trial.
Litigation
Republic Plaza Properties Partnership v. Commissioner of Internal Revenue
U.S. Tax Court
Represented taxpayer who prevailed at trial on dispute with IRS over accrual of rent on sale and leaseback of high-rise office building.
Museum of Flight Foundation v. United States of America
U.S. District Court for the Western District of Washington
Successfully represented Museum of Flight Foundation in federal income tax refund suit. Taxpayer/client prevailed at trial to refute IRS's contention that tax-exempt organization's lease of historic aircraft for flight testing of engines for Boeing model 777 prototype constituted "unrelated taxable income."
Demmert, et al. v. Kootznoowoo Inc.
Supreme Court of Alaska
Successfully defended Alaska Native Village Corporation in shareholder class action alleging a discriminatory dividend distribution. Defense verdict at trial affirmed on appeal.
Sheley v. Alaska Bar Association
Supreme Court of Alaska
Represented nonresident in establishing that the Privileges and Immunities Clause of U.S. Constitution bars residency requirements for professionals as a condition for a professional license.
Kake Tribal Corporation v. Sealaska Corporation
Superior Court of Alaska
Successfully represented Kake Tribal Corporation in commercial disputes arising out of timber sale to Sealaska Corporation, resulting in a recovery valued at over $40 million for client.
State of Alaska v. Charles Walsh
Alaska Superior Court, Third Judicial District
Successfully represented landowner in eminent domain action where State of Alaska condemned property for a road right-of-way expansion that reduced the number of rooms that could be constructed on a hotel site; Court awarded client full attorneys fees based on final value of property taken (fair compensation) exceeding State's pre-trial offer (amount deposited by condemnor) by more than 10%.
Product Liability
Good v. Fluor Daniel Corporation
U.S. District Court for the Eastern District of Washington
This case involved claims alleging exposure to nuclear radiation above Price Anderson Act exposure limits arising from an explosion at the Plutonium Refining Facility at the Hanford Nuclear Reservation. Successfully represented government contractor in Daubert motion to disqualify plaintiffs' experts.
