Anthony U. Battista

Partner, New York

T: 212.894.6892  F: 212.370.4453
E: abattista@nullcondonlaw.com  vCard

Anthony U. Battista

Anthony represents corporations and their insurers in complex litigation and corporate matters.

He joined the firm in 1999 and is a member of the firm’s Management Committee.  He has defended air carriers and manufacturers in aviation accident cases and commercial class actions.  He has represented several major air carriers in negotiations for the purchase of new generation aircraft.  Anthony also has represented air carriers and their employees in government enforcement proceedings.

Anthony began his aviation career in the late 1980s with British Airways. He was trained as a flight dispatcher and was qualified to balance, load and flight plan several aircraft types. In 1989, he received flight-planning certification for Concorde aircraft. By the early 1990s, his role as the Operations Manager for British Airways at John F. Kennedy International Airport in New York required him to manage the airline’s largest station outside of the United Kingdom. In this position, he implemented various cost saving measures, emergency preparedness programs and worked with architects and engineers in the $300 million design and re-development of the British Airways Terminal (Terminal 7) at Kennedy Airport.

In 1996, elevated to Area Director Northeastern United States for British Airways, he was responsible for the management of five airport facilities (including New York, Newark, Boston and Philadelphia), 200 union employees and a $35 million annual budget. His achievements included the renegotiation of union work rules and contract language resulting in significant corporate savings. During this time period and working in conjunction with the United States Department of Transportation in the aftermath of the TWA Flight 800 disaster, Anthony drafted new security and safety regulations for industry-wide implementation.

Anthony is a frequent author and speaker on aviation business and legal issues. He also remains actively involved in the Kennedy Airport community and other airport communities throughout the United States.

He is a member of the New York State and American Bar Associations. He served as Vice Chairman (2008-2010) of the Aviation and Space Law Committee (American Bar Association) and as Vice President of the Association of Transportation Law Professionals (2009-2010). He is also a former member of the Program Committee for the Association of Transportation Law Professionals (2005-2010) and of the First Decade Committee on behalf of the Federal Bar Council (2001-2006).

On June 30, 2010, Anthony received the distinguished “Presidential Award” by the Association of Transportation Law Professionals (“ATLP”) for his “outstanding service” to the organization consisting of leading transportation practitioners from the United States and Canada.  He was selected for inclusion in the 2012, 2013 and 2014 editions of The International Who’s Who of Aviation Lawyers for his work on air disasters, regulation and insurance, where he was recognized for his “astounding technical knowledge.”  He was also recognized by the editors of The Legal 500 for his work in product liability and mass tort litigation.  Anthony is listed as Leading Aviation Attorney by Aviation Expert Guides 2016 and in Who’s Who Legal: Transport 2016.

Experience

With invaluable industry experience in representing his clients, some of Anthony’s recent work includes:

  • Successfully defending foreign and domestic air carriers in multiple consumer class actions arising from the application of European Union regulations for compensation and assistance to U.S. passengers in the event of denied boarding, cancellation or long flight delays.
  • Securing a favorable settlement on behalf of a European air carrier in a dispute with a major airframe manufacturer for late delivery of a fleet of new generation wide body aircraft.
  • Representing one of the world’s largest international air carriers in class action litigation arising from mass transportation disruptions involving a putative class of more than 30,000 passengers and achieving a favorable resolution within one year of appointment as counsel.
  • Successfully negotiated acquisition of fleet of long-haul new generation commercial aircraft for one of Europe’s largest international air carriers.
  • Litigating a commercial dispute on behalf of the largest Asian international air carrier and achieving a favorable jury verdict after a two-week trial in the U.S. District Court for the Southern District of New York.

Newsletters and Bulletins

| Client Bulletins
Northern District of Illinois Severely Limits Passenger Class Action Delay Claim

| Client Bulletins
The Seventh Circuit Issues Its Second Opinion Questioning the Enforceability of EU Regulation 261 in U.S. Courts

| Client Bulletins
Supreme Court’s Ruling Limits the Effectiveness of Rule 68 Offers of Judgment in Class Action Litigation

| Client Bulletins
ECJ Further Narrows When Technical Problems Qualify as EC 261 “Extraordinary Circumstances”

| Client Bulletins
Seventh Circuit Affirms – EU 261 Is Not Judicially Enforceable Outside the Courts of the EU Member States

| Client Bulletins
US Supreme Court Rules that Class Action Defendants Need Not Submit Evidence of Amount in Controversy When Removing Under the Class Action Fairness Act

| Client Bulletins
The Last District Court Judge to Determine the Enforceability of EU 261 in the US “Joins the Chorus” in Holding that a Direct Claim for EU 261 Compensation Cannot be Brought in US Courts

| Client Bulletins
Court Rules that the ADA Impliedly Preempts Claims for EU 261 Compensation from Being Adjudicated in U.S. Courts

| Newsletters
Courts Interpret the Meaning of “State Law” Under the Airline Deregulation Act

| Client Bulletins
Second Court Rules No Private Right of Action for Violation of EC 261

| Client Bulletins
No Private Right of Action for Violation of Regulation EU 261 in United States Courts

| Client Alerts
U.S. Supreme Court Ruling Upholds Class Action Arbitration Waivers

| Client Bulletins
The European Commission Issues Proposed Amendments to Modify EC 261

| Newsletters
Recent Federal and U.S. Supreme Court Class Action Decisions

| Client Alerts
European Court of Justice Reaffirms Application of European Regulation (EC) 261 to Flight Delays

| Client Bulletins
Congress Passes Pilot’s Bill of Rights Granting Greater Procedural and Evidentiary Rights in Administrative Hearings

| Client Bulletins
The European Court of Justice Reconsiders Its Interpretation of EC 261 as Providing Airline Passengers with the Right to Standardized Compensation in Cases of Delay

| Newsletters
Summary of Pending Litigation in the United States Arising from European Union Regulation EC 261

| Client Bulletins
Montreal Convention: Two Prong Accident Analysis in First Circuit Maintained

| Newsletters
The Supreme Court Raises the Bar: Stricter Pleading Requirements Imposed on Plaintiffs

Published Works and Presentations

Speaker, “Strategic Decisions in United States Litigation,” JLT Aerospace Training Seminar, London (May 25, 2016).

Panelist, “Minding the Gap between Aviation Insurers and Aircraft Financing Entities,” IATA Risk and Insurance Managers (RIM) Working Group Meeting, Rome (May 18, 2016).

Speaker, panel on Gaining Critical Insights Efficiently from Exploding Volumes of Data in Litigation, Legal Analytics and the Business of Law Summit 2014 (November 2014).

Co-Author, “Reliability at the Gate to Allow Expert Testimony or Not”.  The Brief. (Spring 2014).

Co-Author, “The Changing of a Liability System: The Montreal Convention and Art. 17”. Cologne Compendium on Air Law in Europe. Hobe/von Ruckteschell/Heffernan (eds.)(Carl Heymanns Verlag – Wolters Kluwer Deutschland GmbH, 2013).

Speaker, panel on Challenging and Defending Expert Testimony at the annual American Bar Association, Tort Trial & Insurance Practice Section (TIPS) and Aviation and Space Law Committee Seminar on Trial Tactics and Skills for the Aviation Practitioner (October 2012).

Contributor, The Liability Reporter, published jointly by IATA and Condon & Forsyth LLP. (15th ed., February 2012).

Instructor, Airline Contract Law, IATA Training and Development Institute (ITDI), Montreal, Canada, 2010.

Speaker, “The Volcanic Ash Airspace Shutdown: Questioning the Limits of Air Carriers’ Obligations to Passengers in Extraordinary Circumstances”, Association of Transportation Law Professionals, 81st Annual Meeting, June 2010.

Co-Author, “Collecting, Preserving and Presenting Evidence In Domestic and Foreign Aircraft Accident Cases”, McGill Law, Annuals of Air and Space Law, Volume XXXV, 2010.

Contributor, The Liability Reporter, published jointly by IATA and Condon & Forsyth LLP. (13th ed., February 2010).

Moderator, “Legislative & Regulatory Overview on Transportation and the Environment”, Association of Transportation Law Professionals, 80th Annual Meeting, June 2009.

Author, “Framing the Government Contractor Defense: Origin, Extension, and Potential”, American Bar Association, The Brief, Winter 2009.

Author, “Managing Expert Discovery”, Defense Research Institute, The Voice of the Defense Bar – Skywritings, Fall 2008.

Speaker, “Security, Discrimination and Denied Boarding through the Eyes of a Jury”, Association of Transportation Law Professionals, 79th Annual Meeting, Williamsburg, Virginia, June 2008.

Speaker, “Fractional Ownership of Aircraft”, Airfinance Journal Air Law Conference, London, England, February 2007.

Co-Editor, “Aviation” Column of Bi-monthly Newsletter, Association of Transportation Law Practitioners (2005-2012)

Speaker, “Legal Developments in Aviation Law”, Association of Transportation Law Professionals, 77th Annual Meeting, June 2006.

Moderator, “What’s Flying – Aviation Security”, Association of Transportation Law Professionals, 77th Annual Meeting, June 2006.

Editorial Board Member, “Jury Instruction Handbook, Aviation Law”, American Bar Association, 2005.

Speaker, “British Airways World Cargo – A Look Into the Future”, Association of JFK Customs Brokers, Annual Meeting, January 1999.