Zuckert, Scoutt & Rasenberger’s litigation practice group is composed of trial and appellate lawyers who regularly handle cases in areas of particular interest to aviation clients. These clients include domestic and foreign airlines and groups of airlines, aviation-related companies and trade associations, aircraft manufacturers, financial institutions, and numerous other entities in aviation-related activities.

Our attorneys regularly appear in federal and state courts around the United States and in national and international arbitration proceedings. With our Washington, D.C. location, we are also ideally postured for representation of clients before the agencies of the United States Government. Members of the firm regularly represent clients in enforcement, investigative, rulemaking and adversarial proceedings before the Department of Transportation, Federal Aviation Administration, Surface Transportation Board, Internal Revenue Service, Armed Services Board of Contract Appeals, and other federal and state agencies.

The aviation litigation practice of Zuckert, Scoutt & Rasenberger mirrors the diversity of our overall aviation practice. Our litigators handle matters ranging from complex international lawsuits to local disputes between individuals or businesses. In all cases, clients are assured of the close personal attention and efficiency of a smaller firm, combined with the sophistication and breadth of experience expected from a major firm.

We are acutely aware of the costs and inefficiencies attendant to lawsuits today in the courts of the United States, and we also recognize that litigation can place tremendous demands upon the time and energy of the parties. Our litigation practice group is committed to exploring the most cost-effective means of achieving our client's goals. To that end, in appropriate situations, we recommend arbitration of disputes, and we make active use of alternative dispute resolution methods such as mediation and mini-trials.

The following is a more in-depth description of the major areas of litigation practiced by attorneys at the firm on behalf of clients in the field of aviation:

Most of the commercial disputes that we litigate on behalf of aviation clients involve the following three areas:

• Contract disputes, including disputes arising under operating agreements, aircraft leases and aircraft engine leases, and disputes with vendors and suppliers.

• Disputes between airlines and repair stations and/or modification companies relating to overhaul and/or repair of aircraft and aircraft engines.

• Disputes between airlines and travel agents or sales or marketing representatives.

The firm's litigation attorneys have recently handled the following representative commercial cases for aviation clients in each of these three areas:

• We defended a non-U.S. airline in a contract interpretation dispute over commissions payable to a company that provided excess baggage and cargo services to the airline at its U.S. gateway airport.

• We defended a charter airline in an arbitration proceeding involving claims of fraudulent inducement to contract and breach of contract brought by an ocean cruise line in connection with the airline’s cancellation of an aircraft charter agreement for cruise passengers following the airline’s inability to obtain necessary landing rights in a foreign country.

• We represented a non-U.S. purchaser of a used commercial airliner in a lawsuit in against the seller of the aircraft for breach of warranties regarding the condition, maintenance history and airworthiness of the aircraft.

• We defended an aircraft navigation software development firm in an international arbitration involving a claimed breach of non-competition clauses in a series of joint venture agreements.

• We represented a major U.S. air carrier in a lawsuit against an aircraft manufacturer for return of progress payments made by the carrier toward the purchase of certain aircraft under purchase options, based on the carrier's decision not to exercise the options.

• We obtained dismissal of a breach of contract action brought by a computer software development and integration company against an airline company that canceled an agreement for crew travel and accommodations software development and integration following a problem-ridden trial installation period.

• We prosecuted claims on behalf of an air carrier against an aircraft engine manufacturer with respect to the failure of the engines to meet performance guarantees.

• We represented a U.S. charter airline in an arbitration against a foreign tour operator which had breached an aircraft charter agreement and assisted in proceedings outside the U.S. to enforce the arbitration award.

Maintenance and Repair

• We represented a non-U.S. cargo airline in court proceedings and in an arbitration arising from disputes with an aircraft lessor and maintenance/repair facility operator regarding the delivery condition and subsequent maintenance and repairs to a leased transport-category aircraft.

• We represented an air carrier in an arbitration with a repair station arising out of deficiencies in the installation of an aircraft engine thrust reverser that resulted in the separation of the thrust reverser from the aircraft during an aircraft landing.

• We represented a non-U.S. air carrier faced with the seizure of an aircraft and other assets in the U.S. by a U.S.-based repair station seeking to enforce a judgment on a mechanic's liens for aircraft engine repairs.

Travel Agents and Representatives

• We defended an airline against claims made by a former overseas general services agent resulting from the airline’s withdrawal from the particular overseas air transportation market in which the agent represented the airline.

• We defended a U.S. air carrier in a lawsuit brought by a former marketing representative alleging that by terminating its relationship with the marketing representative and subsequently hiring one of the marketing representative's employees, the carrier had tortiously caused the employee to breach a non-competition agreement.