Aviation

Reach and Depth: National Representation

Whether handling a premises liability claim at a regional airfield or managing complex litigation from a major airline disaster, FMG combines local knowledge with national power to deliver results when it counts.

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The Aviation Practice Team at Freeman Mathis & Gary, LLP (FMG) is backed by the robust resources of a premier national litigation firm. With over 500 attorneys operating from 38 offices across 21 states, we provide a seamless “coast-to-coast-and-beyond” legal defense network.

Our geographic footprint ensures that we can deploy first-call counsel rapidly to any aviation incident or litigation venue in the country.

Whether handling a premises liability claim at a regional airfield or managing complex litigation from a major airline disaster, FMG combines local knowledge with national power to deliver results when it counts.

Our attorneys have been involved in lead case management for nearly every major aviation incident lawsuit in the United States and the Western Hemisphere for more than 30 years.

Major Incident History

Our team’s background includes trial strategy and lead counsel representation for complex litigation arising from:

  • Colgan Air Flight 3407: Representation involving the Bombardier DHC8-402 Q400 crash in Buffalo, NY.
  • Comair Flight 5191: Litigation arising from the disaster at Kentucky’s Blue Grass Airport.
  • Hudson River Midair Collision: The 2009 collision between a tour helicopter and a private plane.

Our practice serves a broad spectrum of the aviation industry, representing clients across the United States in federal and state courts.

  • Aviation Operators & Professionals: We represent commercial airlines, pilots, flight schools, A&Ps and technicians, maintenance facilities, and Fixed Base Operators (FBOs).
  • Airport & Ground Services: Our client list includes aviation vendors, cargo and baggage handlers, security personnel, and wheelchair assistance technicians.
  • Insurers: We actively handle and prosecute aviation subrogation matters, seeking recovery on behalf of aviation underwriters and insurers. We also represent insurers on coverage matters and in declaratory judgment actions.

We are members of the Aviation Insurance Association.

Specialty Aviation Representation

Our practice extends beyond standard fixed-wing operations to cover the unique legal challenges of specialized aviation sectors. We possess deep technical experience in defending and consulting for:

  • Rotorcraft: Comprehensive defense for helicopter operators in emergency medical services (EMS), tourism and utility sectors.
  • Agricultural & Exposure Claims: Defense of aerial applicators in crop damage/drift claims, chemical exposure litigation, CERCLA claims and regulatory disputes.
  • Lighter-Than-Air Aircraft: Representation for operators of hot air balloons and airships.
  • Experimental & Amateur-Built Aircraft: Handling liability and regulatory matters unique to the experimental market.
  • Ultralights: Defense and consultation for ultralight vehicle operators and manufacturers.
  • Sport Aircraft: Legal services for owners and operators of Light Sport Aircraft (LSA) and issues involving sport pilot privileges.
  • UAVs/UAS (Drones): Representation of commercial and recreational drone operators regarding Part 107 compliance, airspace waivers, privacy disputes, and liability defense for property or personal injury claims.

Airport Defense & Premises Liability

FMG attorneys have represented numerous airports in litigation matters, establishing a strong defense footprint from coast to coast. Representative clients include facilities as significant as every federally-obligated airport in the New York/New Jersey bi-state region, all the way to privately operated airparks across the country.

Product Manufacturers & STC Holders

We provide comprehensive legal counsel to the entities that build and modify all categories of aircraft. Our clients include manufacturers of airframes, powerplants, avionics and components, as well as Supplemental Type Certificate (STC) holders. We understand the critical intersection of engineering, certification and liability.

  • Product Liability Defense: Defending manufacturers against claims of design defects, manufacturing flaws and failure to warn.
  • Aftermarket Modifications: Advising STC holders on liability and regulatory matters related to aftermarket modifications, repair station interactions and upgrades.

Beyond litigation, we provide specialized legal services regarding regulatory compliance and operational certification. We regularly assist clients with:

  • FAR Part 121 Operations: Representation of scheduled air carriers and major airlines regarding regulatory compliance, accident investigation and operational standards.
  • FAR Part 135 Operations: Counseling on-demand charter operators and commuters on certification, compliance and operational requirements.
  • FAR Part 145 Repair Stations: Representing maintenance organizations on certification issues, aftermarket modifications and repair station operations.
  • FAR Part 91 Operations: Advising private aircraft owners and corporate flight departments on general operating rules, post-incident NTSB/FAA investigation management, ownership structures, and non-commercial flight regulatory compliance.
  • Agency Compliance: Consulting on regulatory reporting, agency investigations and international treaties that impact ownership and operations.

Our attorneys provide dedicated legal defense and consultation services to certificated pilots, including:

  • FAA Enforcement Defense: Representation in actions involving the suspension or revocation of pilot and medical certificates, as well as defense against civil penalties.
  • NTSB Appeals: Legal advocacy during appeals to the National Transportation Safety Board (NTSB), including hearings before Administrative Law Judges.
  • Accident & Incident Response: Counsel for pilots involved in aircraft accidents, runway incursions or airspace violations.

FMG attorneys are designated panel counsel for the Aircraft Owners and Pilots Association (AOPA) and members of the Lawyer/Pilots Bar Association.

Our Aviation Practice Team is led by experienced, flight-certificated partners located in key hubs to serve our national clientele.

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