Reported Decisions in Aviation Litigation

The following published judicial opinions arise from aviation litigation matters in which attorneys at Katzman, Lampert & Stoll — or its predecessor firms — served as counsel. These decisions address issues including federal preemption in aviation product liability, the General Aviation Revitalization Act statute of repose, airline deregulation preemption, the Death on the High Seas Act, aviation insurance coverage, removal jurisdiction in aviation disaster cases, and commercial airline disaster litigation procedure.

Published opinions are listed in reverse chronological order. Where an opinion was issued during a prior iteration of the firm, the firm-era name is noted. Opinions marked with an asterisk (*) were issued while the attorney was practicing at a prior firm.

Boeing 737 MAX Litigation

In re Ethiopian Airlines Flight ET 302 Crash, 675 F. Supp. 3d 879 (N.D. Ill. 2023)

Order in the multidistrict litigation arising from the March 2019 crash of a Boeing 737 MAX 8 near Addis Ababa, Ethiopia. Boeing stipulated to liability. The firm serves as counsel for plaintiffs. Attorneys: David Katzman, Bradley Stoll. See also: Representative Aviation Matters.

Airline Deregulation Act Preemption

Day v. SkyWest Airlines, No. 20-4129 (10th Cir. 2022)

The U.S. Court of Appeals for the Tenth Circuit reversed the district court’s dismissal of a passenger’s personal-injury claims against a regional airline, holding that the claims were not preempted by the Airline Deregulation Act. Attorney: Bradley Stoll (Katzman, Lampert & Stoll).

Private Aircraft Litigation

Maerov v. Long Island Airline, LLC, No. 2021-03520 (N.Y. App. Div. 1st Dept. 2022)

Appeal in a private aircraft accident matter before the New York Appellate Division, First Department. Attorney: Bradley Stoll (Katzman, Lampert & Stoll), appearing pro hac vice.

Federal Preemption in Aviation Product Liability

Sikkelee v. Precision Airmotive Corp., 822 F.3d 680 (3d Cir. 2016)

The U.S. Court of Appeals for the Third Circuit addressed the scope of federal field preemption under the Federal Aviation Act in aviation product liability litigation arising from a general aviation crash attributed to carburetor malfunction. The decision is a significant ruling on the relationship between federal aviation regulations and state tort claims against aircraft component manufacturers. Attorneys: David Katzman, Bruce Lampert, Bradley Stoll (Katzman, Lampert & McClune). See also: Federal Preemption in Aviation Product Liability.

Sikkelee v. Precision Airmotive Corp., 268 F. Supp. 3d 660 (M.D. Pa. 2017)

District court proceedings on remand from the Third Circuit, addressing the application of the preemption framework to the specific product liability claims at issue.

Military Cargo Aircraft Litigation

Brokaw v. Boeing Co., 137 F. Supp. 3d 1082 (N.D. Ill. 2015)

District court decision granting the plaintiffs’ motion to remand in litigation arising from the 2013 crash of National Airlines Flight 102, a Boeing 747-400 carrying military cargo at Bagram Airfield, Afghanistan. Attorney: David Katzman (Katzman, Lampert & McClune). See also: Estate of Brokaw v. National Air Cargo, Inc.

Federal Removal Jurisdiction in Aviation Cases

Agostini v. Piper Aircraft Corp., No. 12-2098 (3d Cir. 2013)*

The U.S. Court of Appeals for the Third Circuit issued a precedential opinion on federal removal jurisdiction in a case arising from a fatal aircraft crash. Attorney: Bradley Stoll. *Handled during Mr. Stoll’s tenure at The Wolk Law Firm.

General Aviation Statute of Repose

Robinson v. Hartzell Propeller, Inc., No. 04-3379 (3d Cir. 2006)*

The U.S. Court of Appeals for the Third Circuit addressed the application of the General Aviation Revitalization Act statute of repose in a product liability matter involving a propeller manufacturer. Attorney: Bradley Stoll. *Handled during Mr. Stoll’s tenure at The Wolk Law Firm. See also: Defeating GARA Defenses in Aviation Product Liability Litigation.

Aviation Insurance Coverage

Old Republic Ins. Co. v. Durango Air Service, Inc., 292 F.3d 1216 (10th Cir. 2002)

The U.S. Court of Appeals for the Tenth Circuit affirmed insurance-coverage rulings in favor of the decedents’ families in litigation arising from a fatal aircraft crash. Attorney: Bruce Lampert (Schaden, Katzman, Lampert & McClune).

TWA Flight 800 Litigation

In re Air Crash Off Long Island, New York, on July 17, 1996, 209 F.3d 200 (2d Cir. 2000)

The U.S. Court of Appeals for the Second Circuit addressed issues arising from the consolidated litigation following the destruction of TWA Flight 800, a Boeing 747, off Long Island, New York, in July 1996. The firm (as Schaden, Katzman & Lampert) served on the Plaintiffs’ Steering Committee. See also: TWA Flight 800 Litigation.

In re Air Crash Off Long Island, New York, on July 17, 1996, 27 F. Supp. 2d 431 (S.D.N.Y. 1998)

District court decision in the consolidated TWA Flight 800 litigation addressing procedural and substantive issues in the multidistrict proceeding, including application of the Death on the High Seas Act.

Aviation Insurance and Fatal Crash Litigation

North American Specialty Ins. Co. v. Myers, 111 F.3d 1273 (6th Cir. 1997)

The U.S. Court of Appeals for the Sixth Circuit addressed aviation insurance coverage issues arising from a fatal single-engine aircraft crash. Attorney: David Katzman (Katzman, Lampert & McClune).

American Eagle Flight 4184 (Roselawn) Litigation

In re Air Crash Disaster Near Roselawn, Indiana, on October 31, 1994, 909 F. Supp. 1116 (N.D. Ill. 1995)

District court decision in the multidistrict litigation arising from the crash of American Eagle Flight 4184, an ATR 72, near Roselawn, Indiana. The firm (as Schaden, Wilson & Katzman) served as counsel for plaintiffs. Attorney: David Katzman. See also: Representative Aviation Matters.

Private Aircraft Wrongful Death

Sewell v. Public Service Co. of Colorado, 832 P.2d 994 (Colo. App. 1991)

The Colorado Court of Appeals reversed summary judgment in a wrongful death action arising from a private aircraft’s collision with power transmission lines, ruling in favor of the decedents’ families. Attorney: Bruce Lampert (Schaden, Lampert & Lampert).

Continental Airlines Flight 1713 Litigation

In re Air Crash Disaster at Stapleton International Airport, Denver, Colorado, on November 15, 1987, 720 F. Supp. 1445 (D. Colo. 1988)

District court decision in the consolidated litigation arising from the crash of Continental Airlines Flight 1713 at Stapleton International Airport in Denver, Colorado. The firm (as Schaden, Lampert & Lampert) represented passenger families.

In re Air Crash Disaster at Stapleton International Airport, Denver, Colorado, on November 15, 1987, 720 F. Supp. 1433 (D. Colo. 1988)

Related district court decision addressing procedural and jurisdictional issues in the Continental Airlines Flight 1713 consolidated proceedings.

About This Page

This page lists published judicial opinions from aviation litigation matters handled by attorneys at Katzman, Lampert & Stoll and its predecessor firms. The firm has practiced aviation accident litigation since 1968 under several names, including Schaden, Lampert & Lampert; Schaden, Wilson & Katzman; Schaden, Katzman & Lampert; Schaden, Katzman, Lampert & McClune; Katzman, Lampert & McClune; and Katzman, Lampert & Stoll. Citations refer to published reporter volumes where available and to appellate case numbers where reporter citations have not been confirmed. This page is not exhaustive of all matters handled by the firm. For a broader summary of the firm’s aviation litigation experience, see Representative Aviation Matters.