Smith Gambrell has one of the longest-standing and largest aviation industry dispute practices in the world, well known for its broad industry knowledge and dedicated aviation practitioners.

Smith Gambrell’s dispute lawyers have a wide range of experience handling matters involving commercial and private aircraft, in areas ranging from pre-litigation counseling to lawsuits, including mediations and arbitrations. With decades long experience in transportation matters, Smith Gambrell’s principal transportation dispute lawyers have deep industry knowledge of the types of complex commercial and technical issues that arise and the industry specific language involved in such conflicts. Whether it be return condition disputes, conflicts over possession or repossession, purchase and sale contract breaches, lease and loan agreement defaults, maintenance, overhaul and repair issues and warranty claims and defaults, or delivery delay disputes, our aviation dispute lawyers work with our aviation transactional lawyers and clients to both strategize and effectuate those strategies to best achieve a client’s desired outcome. With their experience, our attorneys also understand how the industry works generally and thus how a particular dispute factors into a client’s long-term plans or broader industry issues.

The firm’s specialized aviation knowledge comes from having served as general external counsel for a number of aviation clients, providing our lawyers with an appreciation and understanding of the wide range of legal issues confronted by airlines, lessors, private owners, and operators. There are very few firms that can match our depth of experience in aviation disputes and understanding of the industry’s complexities, making us uniquely able to deliver effective and tailored legal solutions for our clients. As a leader in aviation litigation and transactional matters, we are committed to the aviation industry and to providing our clients with comprehensive, seamless legal support.

Aviation Litigation Matter Types

• Lease and financing disputes
• Manufacturer disputes
• Warranty disputes
• Bankruptcy
• Cape Town Convention
• Employment litigation
• Maintenance Agreement disputes
• Return condition disputes
• Aircraft and engine FOD and other damage claims
• Aircraft and engine repossession matters
• Collections, receivables garnishment, asset seizures
• Insurance litigation matters
• Credit card processing and related disputes
• Airline representation in connection with Passenger disputes

Representative Aviation Litigation Experience

• Represented the purchaser of a jet engine, asserting claims in excess of $6 million against the seller and the seller’s agent for breach of warranty, negligent misrepresentation and fraud.
• Defended a domestic and international charter carrier in a dispute over whether an engine was damaged by FOD or due to other issues not related to the operation of the engine.
• Represented an airline in two separate lawsuits brought by different engine lessors in disputes over whether the engines were damaged by FOD or due to other issues not related to the operation of the engine.
• Represented an aircraft owner in dispute over the insurance proceeds with respect to hull insurance payment after aircraft crash.
• Represented an aircraft owner in a dispute against MRO facility involving claims of breach, negligence and fraud.
• Represented owner of FAA Part 145 Repair Station Operator in ownership and control dispute.
• Represented a private aircraft owner in dispute with (i) insurance carrier who insists engine damage is the result of a manufacturing defect and thus not covered by insurance; and (ii) engine manufacturer who insists engine damage is the result of FOD and thus not covered under engine maintenance plan.
• Represented two separate aircraft owner groups suing for injunctive relief and control of private aircraft that were improperly transferred by one operator to another without the owners’ permission resulting in reacquisition of the aircraft and successful sales of the same.
• Represented an engine leasing company in a dispute with a Jordanian airline over whether an engine was damaged by FOD.
• Prosecuted a U.S. federal court action for a top tier global aircraft operating leasing company in a case against a lessor and its parent company involving breach of three aircraft lease agreements for Boeing 747-F aircraft in which we:
  • Obtained the first ever order from a U.S. court granting immediate possession pursuant to the Convention on International Interests in Mobile Equipment (aka the Cape Town Convention) allowing the owner to repossess an aircraft located in Asia and eventually lease it to another airline before final determination of the complaint;
  • Obtained a mandatory preliminary junction on behalf of our client requiring defendants to replace two engines owned by our client that were located in Russia by conveying title to two replacements of engines of equal or greater value;
  • Obtained an order granting our client contempt sanctions in the form of escalating daily fines after defendants failed to comply with the preliminary injunction order; and
  • Prosecuted the bench trial and obtained judgments totaling more than $409 million, which have been fully satisfied.
• Brought an action for replevin and specific performance for a mid-life aircraft leasing company with a focus on cargo aircraft and freighter conversions in a dispute with the owner of an A321-200 airframe arising from the owner’s purported termination of its agreement to sell the airframe to our client in which we obtained a TRO and preliminary injunction prohibiting the owner from leasing or selling the airframe pending the lawsuit.
• Represented an FAA Part 135 operator in companion lawsuits involving the leasing and operation of Pilatus PC-12 aircraft.
• Represented a guarantor in an action brought by Owner-Lessor for breach of guaranty covering lease obligations with respect to a Bombardier Model CL-600-2B16 aircraft as to questions of enforceability of liquidated damages provision and whether the Lessor acted in a commercially reasonable manner under the New York Uniform Commercial Code (UCC) in carrying out the sale of the aircraft.
• Obtained an order granting summary judgment in favor of the owner in lawsuit arising from a failed sale of an Embraer Legacy 600 aircraft, with two Rolls-Royce model E3007A1E engines, declaring that the seller was entitled to the contract deposit, and directing the purchaser to pay the seller’s attorneys’ fees and expenses.
• Obtained permission to commence a sealed action in the S.D.N.Y and obtained an ex parte order, under the Cape Town Convention, granting the lessor immediate possession of three General Electric model GEnx-2B67/P engines and enjoining the lessee from preventing the engines from being flown to the United States.
• Represented charter carrier in successful arbitration against a customer who had defrauded the charter company with free flights.
• Represented airline maintenance company in multiple cases against engine owners for unpaid repair costs resulting in seizure and later sale of engines to repay the debt.
• Obtained, on the eve of trial, a voluntary dismissal with prejudice for an airline in the appeal of an OSHA citation for alleged general duty clause violation for failure to require seatbelts on vehicles operating on an airport tarmac without an agreement for further action or payment of a penalty.
• Defeated at motion to dismiss stage claims of Electronic Fund Transfer Act and contract filed against airline relating to ticket purchases.
• Defended against claims against an airline filed by another airline under a standard ground handling agreement.
• Represented airline in a breach of contract dispute against lessee in one of its airport terminals resulting in a large recovery.
• Represented airline maintenance company in multiple cases against engine owners for unpaid repair costs resulting in seizure and later sale of engines to repay the debt.
• Represented one of the largest airlines in South America in various pre-litigation disputes over landing gear exchange and services agreements for fleet of Airbus A330s and A320s, including providing advice and counsel in developing legal strategy and drafting of pre-litigation demand letters.
• Represented an aircraft leasing and trading company in a pre-litigation lease dispute over a fleet of De Havilland Canada 8-400 aircraft involving dispute over whether lessor properly terminated lease agreements.
• Developed legal strategy, formulated claims for damages and drafted pre-litigation letters for a Colombian airline in dispute with Owner-Lessor over failed leasing transaction with respect to three Airbus A320-200 aircraft.
• Represented a sublessor of Airbus A330 aircraft in a Chapter 15 proceeding in New York bankruptcy court of a non-US airline.
• Represented an airline in a contested matter in bankruptcy court and subsequent appeals as to whether the claim of a broker for commissions was entitled to be paid as an administrative claim.
• Represented the fiduciary for the Employee Stock Ownership Plan of US Airways in the US Airways bankruptcy case.
• Represented the holding company of a corporate jet as a debtor in a Chapter 11 bankruptcy case.
• Defended airline in a multiple plaintiff, multiple defendant sexual abuse case.
• Oversaw multiple internal investigations for airline relating to discrimination, harassment, retaliation, breach of fiduciary duty, and other employment allegations.
• Defended airline in EEOC proceedings alleging discrimination, harassment, and retaliation claims.