Editorial: Aviation in Texas

01 May 2007

According to Fortune magazine’s 2007 ranking of America’s largest corporations by revenue, four of the country’s largest companies within the aviation industry are headquartered in Texas – AMR, Continental Airlines, Southwest Airlines and Express Jet Holdings. Geneva based Airports Council International, a trade group for the world’s commercial aviation industry, lists Dallas Fort Worth International Airport as the sixth busiest airport in the world with Houston coming in at No. 18. This, coupled with strong industry links to Texas, ensures that a number of the practice area’s leading lights practice in the state. Nineteen of these are included in this chapter, the majority of whom specialise in litigation and contentious liability matters arising out of major accidents.

Hogan & Hartson LLP significantly bolstered its litigation and aviation capabilities in August 2006 with the addition of Thad Dameris, Bruce Oakley and Trevor Jefferies from Pillsbury Winthrop Shaw Pittman LLP. During our research one prominent client noted that the firm boasts “a strong team, led by Dameris, that offers repeated and positive surprises and consistently delivers the highest quality integrated legal advice with immediate understanding of how it applies in this unique field of business”. Dameris is currently working on cases arising out of the American Airlines Flight 587, Air France Flight 358 and Siberia Airlines Flight 778 crashes, and received more recommendations than any other practitioner in the state. Trevor Jefferies “produces results” according to one leading source and has worked on major air crash litigation in three countries in the past 12 months. Jefferies served in the US Air Force for nine years and his technical know-how was noted. He currently serves as vice-chair of the ABA aviation and space law committee’s tort, trial and insurance practice section. Bruce Oakley is another of the practice area’s high flyers and comes recommended as a “class act litigator”. From 2001 to 2005 Oakley served as a judge of the 234th District Court in Harris County and completes the firm’s strong showing. 

Winstol Carter, joined Morgan Lewis & Brockius LLP in January 2008. Carter has a broad litigation practice and in the aviation arena serves as regional counsel for the world’s largest helicopter manufacturer. Praised as one of Texas’s most experienced practitioners, he served as lead counsel to an international airline and its foreign government owner relating to the National Transportation Safety Board’s investigation of and litigation surrounding the crash of a Boeing 767 off the Atlantic coast in 1999. Rachel Giesber Clingman a former partner of Carter's at Fulbright & Jaworski and new herself at Sutherland Asbill and Brennan LLP was also consistently endorsed and serves as national counsel for a major US air carrier. Clingman’s litigation skills were noted and among other matters she served as lead counsel in a Warsaw Convention case that resulted in a new law favouring air carriers before the Fifth Circuit Court of Appeals. Tom Stilwell maintains Fulbright's precence in the chapter. He focuses on injury defence, air crash investigations and regulatory compliance and has a leading reputation for product liability related litigation. A large portion of his time is taken up by aviation matters and he has worked for engine manufacturers, Cessna pilots, airports and airline catering companies to name but a few. Among other matters he has represented an international helicopter manufacturer in claims arising from incidents in Europe, the Gulf of Mexico and South America. 

Beirne Maynard & Parsons LLP is a specialist civil litigation firm with five lawyers with significant experience in the industry. Over the years its litigators have defended cases brought against airlines, and avionics and airframe manufacturers. William Maynard helped found the firm in 1987 and has “tried many prominent cases”, according to sources. Pamela Hicks is rated as “young and good” and represents commercial airlines and component part manufacturers against product liability claims. Much of this is within Texas but she has also handled national and international claims in countries such as Mexico, Venezuela and Bolivia. Stepp & Sullivan PC also boasts two inclusions on the following pages – Jad Stepp and Dennis Sullivan. Stepp is rated as an “exceptional trial lawyer” and represents owners, operators, charterers as well as underwriters. He comes recommended as “very good, especially in product liability cases for US manufacturers”. Sullivan is also highly regarded – respondents noted his extensive trial experience. 

Jackson Walker LLP’s Katherine Staton is a “standout practitioner” with considerable aviation litigation and products liability expertise. Staton’s CV includes acting for the defendant in Lee et al v American Airlines Inc, a class action governed by the Warsaw Convention. Staton also represents a number of other US airlines in accident litigation outside Texas. Robert Ruckman heads the firm’s aviation practice and is another high- flyer. Rated as “one of the top in the state”, Ruckman represents airlines, part manufacturers, insurers and individuals in areas such as aviation negligence and product liability. Michael Bean of Maloney Bean Horn & Hull PC also comes recommended for his product liability expertise and is also well known for insurance defence. Fred Meier heads the aviation practice group at Winstead PC and his background as a pilot with the US Marine Corps gives him invaluable technical nous. Meier also comes recommended for product liability litigation with an insurance defence orientation. John Martin represents Thompson & Knight LLP on the following pages and he acts for carriers, product manufacturers and general aviation interests in accident and commercial litigation, and insurance coverage disputes. Among other matters Martin represented American Airlines in litigation arising out of the American Connection Flight 5966 accident in Kirksville, Missouri and the litigation arising out of the American Airlines Flight 1420 accident at Little Rock, Arkansas. He also represented Continental Airlines in litigation arising out of the Air France Concorde accident near Paris. John Easton of Pillsbury Winthrop Shaw Pittman LLP is rated as a “sound attorney” and a portion of his strong litigation practice is devoted to the representation of domestic and international aircraft manufacturers, component part manufacturers and leasing companies. Stephen Howell is another “fine litigator” with an established practice at Brown Dean Wiseman Liser Proctor & Hart LLP. Howell comes recommended for general aviation work on behalf of helicopter manufacturers and operators within Texas. 

Slack & Davis LLP appears on the following pages by dint of its outstanding plaintiffs’ practice. Ladd Sanger is managing partner of the firm’s Dallas office where he focuses on air crash litigation and product liability matters. He is both an FAA-licensed commercial airplane pilot as well as a licensed helicopter pilot. Recommended as a “top plaintiff lawyer at the top plaintiffs’ firm”, he litigated on the Gol Crash Flight 1907 near Mato Cross in Brazil as well as the Air France Concorde crash to name but two. Partner Michael Slack was also consistently recommended and recent experience includes work relating to the crashes of American Connection Flight 5966, American Airlines Flight 587 and American Airlines Flight 1420.

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