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Aircraft owners, fixed-based operators, regional carriers, aviation insurers, ground service providers, repair stations, and component manufacturers turn to WAJ for assistance in the most challenging of claims. WAJ has served as panel and coverage counsel for numerous aviation insurers, in state and federal courts throughout the Southeastern United States. We have provided skilled representation in trials, arbitrations, appellate hearings, mediations and administrative proceedings.
We obtained partial summary judgment for an aircraft dealer, on claims of breach of implied warranties, based on application of the Uniform Commercial Code to the claims presented.
We represented a fixed-based operator engaged in maintenance and fueling operations in a downtown airport against a claim by a jet owner that improper use of a starting mechanism cause mechanical problems with and damages to an aircraft. Our aggressive defense of this case included diligent discovery and assertion of a contributory negligence claim against the owner's pilot. the plaintiff's claims were then successfully mediated.
We represented an aircraft maintenance company for claims related to damage to bailed aircraft in a hangar fire. Our successful assertion of bailment defenses prevented the filing of four property claims, and the successful resolution of a fifth prior to suit.
Our clients, who were formerly engaged in the aircraft industry and leased hangar space at a coastal airport, were sued by an aircraft owner whose plane was damaged in a sprinkler system discharge incident. Our effective use of experts and discovery in this multiparty litigation resulted in our obtaining a settlement of plaintiff's claims before trial.
We have defended numerous pilots, owners and skydiving companies in various air crash and accident claims involving catastrophic personal injuries and deaths, including a four fatality crash in which claims against our client were dropped after extensive litigation.
We obtained transfer from federal to state court and a subsequent dismissal with prejudice, affirmed on appeal, of claims against a County Government on allegations of improper maintenance of an airport, based on application of principles from the S.C. Tort Claims Act.
We obtained a dismissal of property damage claims against a regional airline, based on a finding of no private right of action under the Air Carrier Access Act, as well as a finding of the inapplicability of the Americans with Disabilities Act to airlines.
We successfully obtained defense and indemnity under a services agreement for a major medical provider, in an accident involving the crash of an air ambulance.
We have represented numerous ground service providers for claims related to injuries suffered boarding and deplaning commercial aircraft.
Working with another firm as National Counsel, we obtained a Writ of Mandamus from the Fourth Circuit Court of Appeals compelling a District Court to order depositions, after previously successfully appealing the District Court's refusal to grant subpoenas, in support of an international arbitration, relating to claims of damages for allegedly-defective aircraft parts.