Session 10: Mock Mediation of Complex Aviation Accident Litigation

This presentation is a mock mediation of liability and damages claims arising out of a fatal mass air disaster on a coast-to-coast trip.
The first part of the mediation will address liability issues, including: liability of the airline to passengers
engaged in domestic travel only and liability to passengers arguably engaged in international transportation as defined by Article 1(2) of the Montreal Convention 1999; liability of the aircraft manufacturer to the passengers; liability of the defendants for punitive damages; and contribution claims among the defendants.
The second part of the mediation will address the specific damages claims brought by the estates of several different passengers who were domiciled in different countries and came from various walks of life.

CHAIR: Alan D. Reitzfeld - Holland & Knight

PARTICIPANTS:
- James B. Chaplin - Mediation, Inc.
- Kathryn L. Koorenny - American Airlines
- James P. Kreindler - Kreindler & Kreindler
- Neil R. McGilchrist - Gates & Partners
- Aaron S. Podhurst - Podhurst Orseck

Alan D. Reitzfeld is a partner in Holland & Knight LLP's New York Litigation Practice Group.  His areas of practice primarily involve aviation litigation and computer/information technology law.
For over 25 years, he has played a leading role in defending airlines and aircraft manufacturers in multi-district litigation and appellate matters arising out of numerous major domestic and foreign commercial jet airline crashes and other incidents.  The following is a partial list of some of the numerous aviation matters in which Mr. Reitzfeld was one of the primary counsel representing the airline or aircraft manufacturer:  representation of American Airlines in multi-district litigation arising out of the Cali, Colombia accident on December 20, 1995, the Little Rock, Arkansas accident on June 1, 1999, and the Belle Harbor, New York, accident on November 12, 2001; representation of TWA in multi-district litigation arising out of the Flight 800 disaster on July 17, 1996; representation of Fokker Aircraft in multi-district litigation arising out of the USAir crash at LaGuardia Airport on March 23, 1992; representation of USAir in federal and state court litigation arising out of the crash at LaGuardia Airport on September 20, 1989; representation of Pan American World Airways in litigation commenced in New York arising out of the crash in Kenner, Louisiana on July 9, 1982; and representation of Eastern Air Lines in multi-district litigation arising out of the crash at John F. Kennedy International Airport on June 24, 1975.

Mr. Reitzfeld has briefed and argued appeals in various appellate courts across the country, including, for example, arguing successfully as counsel for the airline appellant in Coyle v. P.T. Garuda Indonesia, 363 F. 3d 979 (9th Cir. 2004), Rustenhaven v. American Airlines, Inc., 320 F. 3d 802 (8th Cir. 2003), and O'Rourke v. Eastern Airlines, Inc., 730 F. 2d 872 (2d Cir. 1984).
He is admitted to practice law in New York, the District of Columbia, and in the United States Supreme Court; the United States Court of Appeals for the D.C., Second, Fourth, Sixth, Seventh, Eighth, and Ninth Circuits; the United States District Courts for the Southern, Eastern, Northern, and Western Districts of New York, and for the Eastern District of Wisconsin; the United States Court of International Trade; and the United States Court of Military Appeals.

Mr. Reitzfeld has spoken on aviation and technology law issues in numerous international and domestic programs and has published articles on those subjects in the U.S. and elsewhere.  A partial list of the presentations and articles is available at: http://www.hklaw.com/id77/extended1/biosAREITZ/
He is listed in the following publications: Guide to the World's Leading Aviation Lawyers (Euromoney); International Who's Who of Internet and E-Commerce Lawyers (Law Business Research Ltd); Marquis Who's Who (America, American Law, and World editions); New York Super Lawyers; and Who's Who Legal, International Who's Who of Business Lawyers (Law Business Research Ltd).
Mr. Reitzfeld is a past Delegate to the New York State Bar Association's House of Delegates, a past Chairman of the Computer Law Committee of the New York State Bar Association, and a past Vice Chair of the Technology and e-Commerce Law Committee of the International Bar Association. Currently he is the Vice-Chair, Newsletters of the Aviation and Space Law Committee of the International Association of Defense Counsel. He is also a member of the American Bar Association, the Association of the Bar of the City of New York, the International Technology Law Association, the Defense Research Institute, the Federal Bar Council, and the Nassau County Bar Association.
He is a 1973 graduate of Syracuse University and earned his law degree from Hofstra Law School in 1976, where he served as Research Editor of the Hofstra Law Review.


James B. Chaplin

One Financial Plaza
18th Floor
Ft. Lauderdale, FL 33338
Phone: 954/764-1000
Fax: 954/767-0505

After 18 years practicing as an attorney in litigation and commercial practice, James B. Chaplin founded Mediation, Inc. in 1986. One of the leading firms in the nation to exclusively offer mediation services to the courts and attorneys, Mediation, Inc. is an organization of over 35 former judges and experienced trial attorneys. The firm provides neutral third-party intervention to settle major pending litigation throughout the eastern U.S. with offices in Fort Lauderdale, Miami and West Palm Beach and mediators in other major cities.

As founder and president of Mediation, Inc., Mr. Chaplin has personally conducted more than 3,000 of the 60,000-plus mediation conferences handled by Mediation, Inc. The cases range in value up to $100 million. He has handled class action cases in the securities fraud area, among others. He has extensive experience with complex commercial cases involving Fortune 500 companies. He has done petroleum industry cases involving several aspects of the petroleum marketing chain.


Kathryn L. Koorenny

Kathryn Koorenny attended Loma Linda University and received a Bachelor of Arts degree with a major in History in 1983.  She received her Juris Doctor degree from the University of Southern California’s Gould School of Law in 1986.  She served as a law clerk to The Honorable Peter M. Elliott, United States Bankruptcy Judge and member, Ninth Circuit Bankruptcy Appellate Panel.  Following her clerkship, she worked at the bankruptcy boutique firm of Lobel, Winthrop & Broker, in Irvine California, representing chapter 11 debtors in reorganization proceedings.  In 1990, Ms. Koorenny joined Gibson, Dunn & Crutcher’s Los Angeles and Orange County, California offices, where she continued her bankruptcy practice. 
In 1995, Ms. Koorenny joined the Legal Department of American Airlines in Fort Worth, Texas, as a litigation attorney.   She has represented American Airlines in numerous litigation and bankruptcy matters.  She currently serves as Associate General Counsel – Litigation, with responsibility for all commercial litigation.  She has oversight responsibility for the Company’s insured matters and in that capacity, has responsibility for the 9/11 litigation pending against American Airlines, as well as other major insured claims.  She is also responsible for American Airlines’ Business Ethics Office.  The Business Ethics Office sets policy, provides training and conducts compliance investigations. 

Ms. Koorenny has participated in many seminars and panel discussions on topics related to the bankruptcy, the airline industry, and compliance matters.


James P. Kreindler

James P. Kreindler joined Kreindler & Kreindler LLP in 1983 and became a partner in 1987. He is a magna cum laude graduate of Dartmouth College, 1977. He received his J.D. degree from Columbia University in 1980, where he was a Harlan Fiske Stone scholar. He began his career as an Assistant District Attorney in the Kings County ( Brooklyn) District Attorneys' Office.

Mr. Kreindler is co-chair of the 9/11 Plaintiffs' Committee suing terror financiers and supporters. Mr. Kreindler is currently taking the lead role as a member of the Plaintiffs' Committee in the Pan Am 103 families' suit against Libya, which has already produced $2.15 billion in additional compensation for the families of the Lockerbie victims. Mr. Kreindler played a major role in the litigation against Pan Am arising from the Flight 103 disaster over Lockerbie, Scotland as a member of the Plaintiffs' Trial Team. He has played a major role in many notable airline disaster cases, including the EgyptAir 990 crash on October 31, 1999 (member of the Executive Committee of the Plaintiffs Steering Committee); the Swissair Flight 111 disaster near Peggy's Cove, Nova Scotia on September 2, 1998 (serving as a Plaintiffs' Committee member); and the TWA Flight 800 disaster off Long Island, New York (appointed a member of the Plaintiffs' Committee).

Frequent lecturer on Aviation Accident Litigation and Terrorism Litigation throughout North and South America and Europe. Only Plaintiffs's attorney other than Lee Kreindler asked to lecture at International Airline Transportation Association meetings.

Mr. Kreindler is a fellow and Member of the Board of Director of the International Academy of Trial Lawyers.

Proudest Professional Accomplishments:
1. Securing at least $2.15 billion payment from Libya for the Pan AM 103 victims. The only time any foreign state ever made such a payment to terrorist victims.
2. Obtained record settling wrongful death award ($9 million) for family of Harry Bainbridge, Pan Am 103 victim after 13 week trial where we obtained willful misconduct verdict.
3. Obtained highest wrongful termination verdict for a partner fired from Cadwalader, Wickersham & Taft, the oldest law firm in the U.S. forcing wealthy attorneys to honor their partnership agreement.


Neil R. McGilchrist

Neil McGilchrist read Law at Wadham College Oxford, where he was President of the University Law Society.  He qualified as a barrister in 1969 and re-qualified as a solicitor in 1982, joining the then firm of Beaumont & Son and ultimately becoming senior partner thereof.  (He spent two years in the late 1990s seconded from the firm to the role of Director of Claims of British Aviation Insurance Group).  He left the firm following its merger with Clyde & Co in 2005 and is today of Counsel to Gates and Partners.

Throughout his professional career Neil has devoted much of his energy to the defence of air carriers and their insurers facing accident claims around the World.  His experience has ranged from the handling of hot air balloon accidents in Kenya to the loss of Concorde.  When at BAIG he was closely involved in the conduct of the litigation deriving from the accidents at Roselawn, Indiana and Cali, Colombia.


Aaron S. Podhurst

Aarron Podhurst has been a distinguished trial lawyer for more than thirty years.  He was born April 29, 1936, in New York City, and received his B.A. from the University of Michi­gan in 1957, and his Juris Doctorate Degree from Columbia University, where he was a Harland Fiske Stone Scholar.  Aaron was admitted to the Florida and New York Bars in 1961.

Aaron's distinguished career has brought him honors and offices from virtually every major legal organization, including the presidencies of the International Academy of Trial Lawyers and Academy of Florida Trial Lawyers, fellowship in the American College of Trial Lawyers, member of Board of Governors of Association of Trial Lawyers of America, membership in the International Society of Barristers and the Inner Circle of Advocates, and chairmanship of various aviation committees of the American Bar Association, Association of Trial Lawyers of America and the Academy of Florida Trial Lawyers.  Although Aaron made his reputation as one of the nation's premiere plaintiff's aviation lawyers, and continues to hold that status, he has guided the firm in recent years to its status as one of the major commercial litigation firms in South Florida.  At the same time, he has managed to devote countless hours to community service, including the presidency of the Greater Miami Jewish Federation, recipient of the Medallion of Honor from the National Conference for Community and Justice and the 1999 Jurisprudence Award from the Anti-Defamation League and membership in many civic organizations.