Dave, a former carrier-based Naval Aviator flying the F-14B Tomcat, is an experienced trial attorney that has significant experience representing aviation and aerospace companies, including foreign and domestic air carriers and aircraft manufacturers in complex civil litigation involving claims for wrongful death and personal injury, product liability, premises liability, breach of contract and breach of warranty. In addition, he has significant experience in handling accident investigations, complex liability issues, damages assessment and settlement negotiations. Having litigated claims governed by the Warsaw and Montreal Conventions, Dave is also well versed in international aviation treaties and federal aviation statutes. Dave has been lead trial counsel in multiple major mass disaster trials, has been lead counsel in an international arbitration, argued in the appellate court, and has mediated numerous cases.
Dave has extensive and practical knowledge of National Transportation Safety Board (NTSB) investigation procedures and is highly experienced with the Aviation Disaster Family Assistance Act of 1996. He has advised numerous air carriers and aircraft manufacturers on how to prepare for and what to expect during an NTSB investigation and was asked by the NTSB to give a special presentation to its Board Members and investigators on the role of outside counsel during the course of an NTSB accident investigation.
His practice area has now expanded into the field of UAS/UAV/drone law and he also is experienced in space law, having been lead counsel in an international arbitration related to a satellite loss. He is also a leader in the emerging field of Advanced Air Mobility (AAM) and Urban Air Mobility (UAM). Dave has been asked to speak at numerous international conferences on topics related to AAM and UAM vehicles and the anticipated legal and risk management issues facing both advanced and urban air mobility companies.
Most recently, Dave was co-lead counsel for FlyNYON in the litigation and jury trial arising from the 2018 crash of an AS350B2 helicopter in the East River. Notably, Dave was also lead trial counsel for Colgan Air in the February 12, 2009, crash of Continental Connection Flight 3407, near Buffalo, New York, the last major Part 121 accident in the U.S.
He has successfully taken a lead role in the settlement negotiations of more than 250 wrongful death cases arising from the 2001 American Airlines Flight 587 accident, the second-worst aviation disaster in U.S. history. Dave was also counsel for American Airlines during the NTSB investigation and multi-district litigation arising from the 1999 Flight 1420 accident at Little Rock, Arkansas and was counsel to UPS (United Postal Service) in the NTSB investigation of the DC-8 accident at Philadelphia International Airport that was the subject of an NTSB Public Hearing in July 2006.
Dave has defended a foreign aircraft manufacturer in a military jet accident that involved the government-contractor defense. He is also well known for his work defending Part 121, Part 135, and Part 91 pilots, as well as manufacturers and operators, in Federal Aviation Administration (FAA) enforcement proceedings. Dave is also well-versed in working with corporate aviation departments in various regulatory matters, including finance and leasing negotiations and Part 121 and 135 start-up activities.
Prior to entering private practice, Dave served in the United States Navy for 10 years as a naval aviator, flying the F-14B Tomcat, as well as performing operational intelligence work for the Office of Naval Intelligence, personally developing and delivering threat capability briefs to numerous Navy and Marine Corps units as well as to senior Naval leadership. He also holds a commercial pilot’s license as well as a mechanical engineering degree.
Dave is an active member of the American Bar Association (and was formerly the Chair of Aviation and Space Law Committee of the Torts Trial and Insurance Practice Section), the Defense Research Institute and the Tailhook Association.
Dave is consistently recognized for his expertise by independent evaluators such as Chambers USA, The Legal 500 United States, and Who’s Who Legal: Transport – Aviation Contentious. Most recently, the 2023 edition of WhosWhoLegal: Aviation lists Dave as a U.S. “Thought Leader” in aviation litigation and has previously stated that Dave “receives plaudits from international peers who commend his superb work representing air carriers, manufacturers and aviation companies in relation to complex claims.” Dave was described in The Legal 500 United States as being “hugely experienced in both litigation and NTSB related matters.” He also is listed as Leading Aviation Attorney by Aviation Expert Guides.