Aviation Law & Aviation Dispute Resolution (LEGAL)

Course Description

This course is designed as an interactive classroom in which students learn about the legal risks inherent in aviation operations, the role of the aviation professional in litigation and an overview of the legal system as it relates to aviation safety. The course uses dynamic group discussions of actual accident and incident case studies to provide understanding of the various legal processes related to aviation and how students can engage aviation authorities in a responsible and successful manner. The latest developments in aviation law and litigation will be discussed.

Our experienced aviation lawyers, as instructors, will encourage the use of “preventative legal medicine” to avoid legal problems. Classes are not just lectures, but include simulated exercises regarding lawsuit mediations, depositions and trial testimony. These interactive aspects of the class will assist students in working with their organizations' lawyers, if and when legal issues develop.

Aviation Law and Aviation Dispute Resolution is the successor to the previous Legal Aspects of Aviation Safety & Role of the Technical Witness in Litigation courses.

Objectives: To provide the participant with a working knowledge of the legal process and trends affecting aviation safety, as well as practical exercises to assist students when working with aviation legal counsel.

Who Should Attend: Aviation professionals who may be involved in aircraft accident investigation, incident investigation, safety analyses, civil litigation or internal aviation disputes.

Course
LEGAL 24-2
LEGAL 25-1
LEGAL 25-2
LEGAL 26-1
Dates
20-23 May 2024
26-29 Aug 2024
10-13 Feb 2025
25-28 Aug 2025

Course Outline

  1. Aviation Accident & Incident Litigation
    1. The Litigation Process
      1. Civil Litigation
      2. How a Case is Structured
      3. Discovery, Deposition, Trial
    2. U.S. Legal System
      1. Federal and State Court Systems
      2. Venue and Choice of Law
    3. Investigations and Safety Audits
    4. Statutes/Case Law/International Law/Treaties
  2. Legal Aspects of Accident Investigation
    1. Jurisdictions of Federal Agencies
    2. Investigative Power vs. Private Rights
    3. NTSB Probable Cause Safety Investigations
    4. FAA Role
    5. Accident Reports and Litigation
    6. Witness Statements
    7. Legal Issues of Accident Response Planning
    8. Attorney-Client Privilege - Work Product Protection
    9. Accident Liability
    10. Comparative Fault
    11. Airline, Air Taxi, Corporate and G/A Accident Issues
    12. ICAO
  3. Duty of Care and Legal Aspects of Selected Safety Regulations
    1. Role of Governmental Agencies in Enforcing Aviation Safety Regulations
    2. FAA Enforcement Alternatives
      1. Administrative Action/Legal Enforcement Action/Criminal Referral
    3. Compliance with Safety Regulation
      1. Deviation and Non-Compliance
    4. Affirmative Defenses, Waivers and Mitigating Factors
    5. Aviation Standards of Care: FAR’s, Advisory Circulars
    6. Special Legal Doctrines Involving Aviation Safety
      1. Case Study – Analyzing Legal Issues
      2. Burden of Proof, negligence
      3. FAA’s Emergency Orders
      4. Accident/Incident Reports
  4. Product Liability and Safety
    1. Theories of Manufacturer Liability
    2. The Concept of Defectiveness
    3. Other Potentially Liable Parties in the Chain of Custody
    4. Manufacturer's Defenses
  5. Aviation Conflict Resolution
    1. Resolving Safety Conflicts
    2. Mediation/Arbitration
    3. SMS Requirements
    4. FAA Regulatory Standards
  6. The Role of the Aviation Professional as a Witness in Litigation
    1. Scope of Activity
    2. Ethical Considerations
    3. Role of the Aviation Consultant
  7. Consultant as a Technical Witness
    1. Getting Started
    2. Agreements with Law Firm (Client)
    3. Investigation/Discovery
    4. Deposition/Trial Preparation
    5. Development of Communication Skills
  8. Deposition/Trial Demonstrations and Practice
    1. Aviation Case Study
      1. Deposition Purpose and Goals
      2. Trial Testimony of Aviation Professionals

CEU: 2.8

Course Duration: 4.0 Days

Tuition: $2,625 (July 2023 - June 2024); $2,750 (July 2024 - June 2025); $TBD (July 2025 - June 2026)

Published on March 25th, 2019

Last updated on March 12th, 2024