John Maggio

Partner, New York / Miami

T: 212.894.6792 / 305.492.7303
F: 212.370.4453
E: jmaggio@nullcondonlaw.com  vCard

John Maggio

John handles all types of civil, commercial and products liability litigation.

John has represented air carriers, aircraft manufacturers, and insurers in wrongful death, personal injury, and contractual litigation.  He has extensive experience litigating claims governed by the Warsaw Convention, Montreal Convention, Airline Deregulation Act, and other international treaties and U.S. aviation statutes.  John has also handled litigation involving commercial disputes and employment issues. He has litigated in federal and state courts throughout the U.S., including trials in California, Connecticut, New York, Florida and Texas and has argued appeals in the United States Courts of Appeals for the Second, Ninth and Eleventh Circuits.  John has been regulatory counsel to foreign air carriers and his practice includes counseling clients on regulatory law requirements.

John is consistently recognized as a leading aviation lawyer in The Legal 500 U.S., Chambers USA, Who’s Who Legal (WWL): Global Elite – Transport – Aviation Contentious, Aviation Expert Guides, and as a Super Lawyer in Aviation & Aerospace for the New York Metro area (2014-2023).

  • Chambers USA noted “John has an impressive background in the aviation industry and has handled very high-profile cases,” and described John as a “civil, commercial and product liability litigator,” who is “commended for his representation of aviation sector clients in wrongful death and breach of contract litigation.”
  • The Legal 500 described John’s work as “pivotal to the success of the [Miami] office, bringing to bear vast expertise at handling civil, commercial, and product liability litigation, as well as litigating claims governed by international treaties and aviation statutes.”
  • WWL commended John as being “revered for his vast expertise representing aircraft manufacturers and insurers in complex personal injury and wrongful death disputes.”

In 2019, he was honored with the Emory Law School Alumni Service Award, an award John also received in 2008, for contributing significant, sustained leadership and outstanding service. Before joining Condon & Forsyth in 1999, John practiced law on Long Island with a focus on commercial, premises and products liability litigation.

In addition to his legal practice, John has served as a Faculty Member for the Kessler-Eidson Program for Trial Techniques at Emory University School of Law from 2004-2015 and as a legal writing instructor for the Continuing Legal Education Paralegal Program at Queens College from 1998-2004.  At Emory University School of Law he served on the Moot Court Executive Board, was inducted into the Order of Barristers, and was a Dean’s Research and Writing Fellow.

John is a member of the Florida Bar Association, the American Bar Association (Air & Space Law Litigation Section), Association of Transportation Law Professional (President 2018-2019) and Emory Law Alumni Board (President, 2015-2018).

 

Newsletters and Bulletins

| Client Bulletins
Florida Overhauls Civil Remedies and Insurer Bad Faith Claim Requirements

| Client Bulletins
Second Circuit Confirms Montreal Convention Applies to Delayed Transportation of Human Remains

| Client Bulletins
Airline Deregulation Act Preempts Claim that Airline Negligently Failed to Prevent Cocaine Being Planted in Baggage

| Client Bulletins
U.S. District Court for the Eastern District of New York Clarifies Applicability of Montreal Convention to Delayed Transportation of Human Remains

| Client Bulletins
DOT Revises Rule Governing Notice of Liability Limitations

| Client Alerts
Federal District Court in Washington Dismisses Cases Arising out of AirAsia Flight QZ 8501 Crash on Jurisdictional Grounds

| Client Alerts
Trio of Decisions by the U.S. District Court for the Northern District of Illinois Dismisses Action Arising Out of Crash of AirAsia Flight QZ8501

| Client Bulletins
Trademarks in the Aviation Industry: Protecting the Brand Requires Proactivity

| Client Bulletins
Department of Transportation Provisionally Approves Norwegian Air International Limited’s Permit Application to Operate Flights to the U.S.

| Client Bulletins
Endorsement of Check Offered in “Full and Final Settlement” Precludes Passenger’s $1 Million Lost Baggage Lawsuit

| Client Bulletins
Eleventh Circuit Clarifies an Airline’s Qualification as a Government-Owned Entity

| Client Bulletins
Federal Court in Florida Clarifies Standard of Liability on Failure to Divert Claims

| Client Alerts
Significant Developments in Medicare Law

| Client Bulletins
Failure to Check-in On Time Is Fatal to Passengers’ Claims

| Client Bulletins
With Two Products Liability Cases, U.S. Supreme Court Clarifies, then Muddles, the “Stream of Commerce” Theory of Personal Jurisdiction

Published Works and Presentations

Speaker, Long Arm, Longer Reach: How U.S. Courts Obtain Personal Jurisdiction over Foreign Entities, Aviation Insurance Symposium in Mumbai, India (October 14, 2022).

Speaker, Addressing Violence Against Airline Cabin Crew: Why Violence is on the Rise and the Legal Challenges in Reducing It, Association of Transportation Law Professionals (ATLP), 93rd Annual Meeting (June 26-28, 2022).

Speaker, Effects of COVID-19 on the Aviation Industry, Association of Transportation Law Professionals, 91st Annual Meeting Webinar Series (July 7, 2020).

Speaker, Litigating a Foreign Air Crash Case: Practical Considerations, American Bar Association’s 25th Annual National Institute on Aviation Litigation in New York, NY (June 13, 2019).

Speaker, “Emerging Liability Trends: Where is the airline liability going?,” ALTA Aviation Law Americas Conference 2018 in Miami, Fl. (September 6, 2018).

Speaker, Recent Developments in Aviation Law: U.S. jurisdiction over foreign air accidents and carrier liability in the U.S. under the Montreal Convention.

Panel Moderator, Prosecuting and Defending the Passenger-on-Passenger Assault Case, American Bar Association’s 24th Annual National Institute on Aviation Litigation in Chicago, Illinois (June 14, 2018).

Panel Speaker, Recent Aviation Decisions, Association of Transportation Law Professionals 89th Annual Meeting in Washington, DC (June 11, 2018).

Editor and Co-Author, The Liability Reporter, published annually by Condon & Forsyth LLP and the International Air Transport Association (IATA), Vol. 21 (Feb. 2018).

Speaker, Recent Developments in Aviation Law and Liability, 2017 ALTA Aviation Law Americas Conference, Bogotá, Colombia (September 7, 2017).  John’s presentation included a discussion on recent developments in aviation law, U.S. jurisdiction over foreign air accidents and carrier liability in the U.S. under the Montreal Convention.

Speaker, Airline Crisis Management, American Bar Association Forum on Air & Space Law in Atlanta, Georgia (September 16, 2016).

Panel Moderator, The Impacts of Global Climate Change on the Aviation/Maritime Industries, Association of Transportation Law Professionals 87th Annual Meeting in New Orleans, Louisiana (June 19-21, 2016).

Speaker, Modal Updates: Aviation, Transportation Law Professionals 87th Annual Meeting in New Orleans, Louisiana (June 19-21, 2016).

Moderator/Panelist, The Heart Attack that Caused Your Missed Connection: Carrier Liability for Medical Diversions, American Bar Association 22nd Annual National Institute on Aviation Litigation in New York, NY (June 1, 2016).

Panel Speaker, Litigation Update and Consumer Rights Regimes, ALTA Aviation Law Americas Conference in Cancun, Mexico (September 4, 2015).

Speaker, “When an Aviation Catastrophe Strikes: Basics on Advising Clients,” ABA Aircraft Finance Subcommittee 2015 Annual Meeting in Chicago (2015).

Panel Speaker and Moderator, Recent Development in Aviation Law and a panel discussion on Class Action Aviation Lawsuits, Association of Transportation Law Professionals 86th Annual Meeting (June 28-29, 2015).

Panel Speaker, “Assessing the Airline’s Responsibilities or Potential Liability Related to Medical Emergencies, Passengers with Disabilities, Ebola and Airborne Diseases,” American Conference Institute 7th National Forum on Aviation Claims and Litigation in New York (June 1, 2015).

Panel Speaker, US Legal Updates; Cyber Risks and Data Protection; and 9/11 Litigation Update, IATA RIM Working Group Conference in London (May 13-14, 2015).

Faculty Instructor, The Kessler-Eidsen Trial Techniques Program, Emory University School of Law (May 2-5, 2015).

Panel Speaker, Addressing Passenger Rights, ALTA Aviation Conference in Hollywood, Florida (September 3-5, 2014).

Panel Speaker, “Recent Developments in Aviation Law Including Federal Preemption, the Warsaw and Montreal Conventions, and EC 261,” Association of Transportation Law Professionals 85th Annual meeting in Annapolis, Maryland (June 21-24, 2014).

Co-author, “Two Recent Cases Address the Scope of Federal Preemption,” ATLP Association Highlights (November/December 2013).

Panel Speaker, “Recent Development in Aviation Law Including Federal Preemption, the Montreal Convention, and Forum Non Conveniens Cases,” Association of Transportation Law Professionals 84th Annual meeting in Atlantic Beach, Florida (June 24-26, 2013).

“New York State Court Holds State Law Standards Preempted By Federal Aviation Act of 1958,” Condon & Forsyth LLP Bulletin (September 2012).

Panel Speaker, 83rd Annual meeting, Association of Transportation Law Professionals, Chicago, Illinois (June 14-15, 2012). John spoke on recent development in aviation law including federal preemption, the Montreal Convention, and forum non conveniens cases.

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

Co-Author, “Federal Preemption in the Field of Aviation,” Journal of Transportation Law, Logistics and Policy, Fourth Quarter 2011, Vol. 78, Number 4.

“Application of Federal Statutes to Passenger Boarding and Deplaning Claims,” Condon & Forsyth LLP Client Bulletin (December 2011).

“Court Holds that the Federal Aviation Act of 1958 Preempts State Law Standards of Care,” Condon & Forsyth LLP Client Alert (July 2011).

Panel Speaker, “Federal Preemption Under the 1958 Federal Aviation Act and the Airline Deregulation Act of 1978,” Association of Transportation Law Professionals 82nd Annual meeting,  Memphis, Tennessee (June 24-28, 2011).

“Recent Decisions Address Previously Unsettled Areas Regarding Preemption Under the Airline Deregulation Act (ADA).” Condon & Forsyth LLP Client Bulletin (June 2011).

“Another Forum Non Conveniens Victory for Defendants from California District Court,” Condon & Forsyth LLP Client Bulletin (April 2011).

“Second Circuit Declares Field Preemption Under the Federal Aviation Act of 1958,” Condon & Forsyth LLP Client Alert (March 2011).

Panel Speaker, “In the Trenches: Defense Counsel’s View on Handling and Defense of Insurance Claims,” Embry-Riddle Aeronautical University’s 22nd Annual Aviation Law and Insurance Symposium (January 6, 2011).

Contributor, The Liability Reporter, published jointly by IATA and Condon & Forsyth LLP (14th ed., February 2011).

“MMSEA Section 111 Mandatory Reporting Extended,” Condon & Forsyth LLP Client Bulletin (November 2010).

Speaker, “Disaster in the Alps!”, 2010 Aviation Litigation CLE Seminar, American Bar Association Section of Litigation Mass Torts Committee (June 2010).

Speaker, “Early Global Settlement” from the perspective of defense counsel, New York City Bar Association Committee on Aeronautics (June 3, 2010).

“Section 111’s New Direct Data Entry Option for Small Reporters,” Condon & Forsyth LLP Client Alert (June 2010).

Speaker, The Warsaw and Montreal Conventions, Rutgers University School of Law, panel discussion, “Landing in Court: The State of Modern Aviation Litigation” (March 25, 2010).

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

“Updates to MMSEA Section 111 Reporting Requirements,” Condon & Forsyth LLP Client Bulletin (March 2010).

“Congress Passes the Lilly Ledbetter Fair Pay Act and Extends Timeframe for Employees to Bring Discrimination Claims,” Condon & Forsyth LLP Client Bulletin (September 2009).

Co-Author, “Who’s Liable? An Analysis of Successive and Contracting Carrier Liability,” Aviation Litigation Quarterly. American Bar Association (Spring 2009).

“DOT Issues Notice Calling on Carriers to Update Tariffs on Baggage and Code-Share Liability. Condon & Forsyth LLP Client Alert (April 2009).

Co-Author, The Liability Reporter, published jointly by IATA and Condon & Forsyth LLP (12th ed., February 2009).

“Illinois Supreme Court Addresses Joint and Several Liability,” Condon & Forsyth LLP Client Bulletin (December 2008).

“An Analysis of Successive and Contracting Carrier Liability,” Condon & Forsyth LLP Client Bulletin (October 2008).

“Avoiding Workplace Litigation After Ledbetter v. Goodyear Tire & Rubber Co., Inc.,” Condon & Forsyth LLP Client Bulletin (November 2007).

“New York’s Passenger Bill of Rights,” Condon & Forsyth LLP Client Bulletin (June 2007).

“In the Wake of Husain: Air Carrier Liability after Olympic Airways v. Husain,” Aviation Litigation Quarterly (Fall 2006) (co-author Scott D. Cunningham).

“Failure to Warn of DVT Risks Is Not an ‘Accident’ Under the Warsaw Convention,” Condon & Forsyth LLP Client Bulletin (August 2006).

Co-author, “Sacking Saks: Transformation of the ‘Accident’ Requirement,” Warsaw Convention, Article 17. The Air & Space Lawyer (Winter 2001).

“Applying the Knowledgeable User Doctrine to Dismiss Failure to Warn Claims.” Defense Research Institute Hand and Power Tools Newsletter (Winter 1999).