Trends in Aviation Litigation and Reflections on Boeing Liability for the 737 MAX Crashes

Aviation and maritime attorney Christopher Kende of Cozen O'Connor LLP will discuss recent trends in aviation litigation under the Montreal Convention, particularly with respect to claims for emotional distress and other types of non-compensatory damages in the wake of several recent important decisions. Mr. Kende will also reflect on the potential liability of Boeing as a result of the 737 MAX crashes, the grounding of numerous 737 MAX aircraft, and other exposures both civil and criminal which the Boeing company may be subject to.  

It is recommended that attendees have at least some familiarity with the Montreal Convention or have watched Mr. Kende's earlier CLE on the overview of the Montreal Convention, which is available on Lawline.  Although complete familiarity with the Convention is not critical, some understanding of the liability scheme under the Montreal Convention will be beneficial.

Learning Objectives:

1. Provide in very brief detail an overview of the Montreal Convention liability scheme
2. Discuss recent decisions which have eroded the strict requirement that physical injury accompany any claim for emotional distress
3. Gain a general understanding of the exposures which the Boeing company may be liable for as a result of the 737 MAX crashes and problems resulting therefrom