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Litigating the Aviation Case, Fourth Edition de Andrew J Harakas

Litigating the Aviation Case, Fourth Edition

Autor Andrew J Harakas
en Limba Engleză Paperback – 7 mai 2019
Aviation law is a constantly evolving area of practice, continuing to change in response to the many challenges facing the industry. Litigating these cases is notoriously complex and challenging, requiring extensive expertise with aviation and engineering principles coupled with detailed legal analysis. A long-trusted resource, this updated edition of Litigating the Aviation Case provides current information and strategic guidance on all aspects of aviation litigation.

An overview and analysis of the current legal issues in aviation litigation by the most prominent names in the aviation legal community, this revised edition offers important updates and insights on traditional issues as well as in-depth discussion of current and evolving topics, many of which are in response to the multijurisdictional nature of aviation. The book's 38 chapters address critical issues in aviation litigation, including:
  • Jurisdiction
  • Forum non conveniens
  • Preemption
  • The Montreal Convention
  • Unruly passengers
  • Preservation of evidence
  • Insurance coverage
  • Damages
  • The impact of trade sanctions and Medicare on litigation, and more
Written by practicing litigators who share their insights and expertise, this compendium offers strategic guidance on the full array of aviation litigation issues, including:
  • Locating recognized sub-specialists
  • Maximizing the effectiveness of evidence
  • Presenting effective opening and closing statements
  • Cross-examining witnesses
  • Developing winning trial strategies

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Specificații

ISBN-13: 9781634255806
ISBN-10: 1634255801
Pagini: 880
Dimensiuni: 3 x 254 x 48 mm
Greutate: 1.5 kg
Ediția:4th edition
Editura: American Bar Association

Notă biografică

Edited by Andrew J. Harakas

Cuprins

PART I - Claims and Defenses
Chapter 1: Air Carrier Liability for Passenger Injury or Death Occurring during International Carriage by Air: An Overview of the Montreal Convention of 1999
Chapter 2: Practical Case Considerations for the Plaintiff's Aviation Attorney
Chapter 3: Preemption of State and Local Aviation Law
Chapter 4: Unruly Passenger Litigation under Domestic and International Law
Chapter 5: Prosecuting and Defending a Product Liability Action against an Aircraft or Component Manufacturer
Chapter 6: Emergency Response and NTSB Form 6120.1: At the Intersection of Tort, Coverage, and Regulatory Litigation
Chapter 7: Navigating the General Aviation Revitalization Act of 1994
Chapter 8: Litigating with the U.S. Government: The Discretionary Function Exception in Aviation Cases
Chapter 9: Litigating the Aviation Maintenance Case
Chapter 10: Defending Claims against Ground Service Providers
Chapter 11: The Government Contractor Defense in Aviation Litigation
Chapter 12: Liability of Owners/Lessors and Negligent Entrustment
Chapter 13: Defending Air Carriers against Claims Involving Parental Child Abductions
Chapter 14: Class Action Litigation
Chapter 15: Complete Preemption and the Montreal Convention: Ending the Decades-Long Debate
Chapter 16: The Economic Loss Rule and Aviation Accident Litigation

PART II - Jurisdiction, Venue, and Applicable Law
Chapter 17: The Doctrine of Forum Non Conveniens: Its Historical Application to Aviation Accident Litigation and a Preview of Its Future Viability
Chapter 18: The Foreign Sovereign Immunities Act: A History of Restrictive Immunity
Chapter 19: The Turbulent Path to Federal Jurisdiction in Aviation Cases
Chapter 20: Federal Officer Removal Jurisdiction and the Government Contractor Defense
Chapter 21: Choice of Law in Aviation Accident Litigation
Chapter 22: Multidistrict Litigation Practice and Procedure
Chapter 23: Personal Jurisdiction and the Foreign Defendant

PART III - Discovery and Trial
Chapter 24: Admissibility and Use of Government Aviation Accident Investigation Reports
Chapter 25: NTSB Investigations of Aircraft Accidents
Chapter 26: Litigating a Foreign Aviation Crash
Chapter 27: The Duty to Preserve and Claims of Spoliation in the World of Aviation Litigation
Chapter 28: Best Practices in Electronic Discovery in Aviation Cases¿Preservation through Production
Chapter 29: Expert Witnesses in Aviation Litigation: The Strategic Selection and Deployment of Aviation Experts
Chapter 30: Pre-Suit Discovery: How to Ask Questions First So That You Can Sue Later

PART IV ¿ Insurance Considerations
Chapter 31: An Aviation Insurance Primer: An Overview for the Aviation Practitioner
Chapter 32: Issues in Identifying Insureds and Scope of Coverage for Additional Insureds under Aviation Policies

PART V - ADR, Damages, and Settlements
Chapter 33: The Use of Alternative Dispute Resolution in Aviation Cases
Chapter 34: Punitive Damages in Aviation Cases
Chapter 35: Punitive Damages in Aviation Litigation
Chapter 36: Wading through the Choice of Law Quagmire: A Guide for the Uninitiated
Chapter 37: Medicare Reimbursement and Compliance in Air Carrier Liability Cases
Chapter 38: U.S. Sanctions Overview for Aviation Claims
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Table of Cases
Index