Anthony U. Battista

Partner, New York

T: 212.894.6892 F: 212.370.4453
E:  vCard

Anthony U. Battista

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

Anthony represents air carriers, manufacturers and other aviation related entities in complex aviation litigation arising from consumer and commercial transactions.  His recent work includes the defense of carriers such as Lufthansa, United Airlines and Iberia in consumer class actions where the claims exceeded $100M with victories at both the summary judgment and class certification stages in federal district and appellate courts throughout the United States.  His clients also include industry leaders such as British Airways, LAN Airlines, Air Lease Corporation and Southwest Airlines Pilots Association.  He has dozens of reported aviation decisions to his credit and has more than a decade of industry knowledge having served as an Area Director for one of the world’s largest air carriers.

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 recipient of the distinguished Presidential Award by the Association of Transportation Law Professionals for his service to the field of aviation.  Anthony has been honorably selected as a New York Super Lawyer in the field of Aviation Law and recognized by the editors of The Legal 500Aviation Expert GuidesWho’s Who Legal: Transport and The International Who’s Who of Aviation Lawyers where he was recognized for his “astounding technical knowledge.”

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

  • Leading the trial team exonerating a premier European carrier in a multi million dollar jury trial in the U.S. District Court for the Southern District of Miami arising from severe turbulence onboard an international flight.
  • Leading the trial team representing a renowned commercial aircraft leasing company at a bench trial in the U.S. District Court for the Central District of California to recover $28 million lost in connection with failed leases for multiple B737-800 aircraft.
  • Successfully representing four air carriers in separate negotiations with Boeing over the 2013 grounding of B787 aircraft.
  • 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.
  • Successfully negotiating acquisition of a fleet of long-haul new generation commercial aircraft for one of Europe’s largest international air carriers.
  • 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.
  • 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
Air Carriers Are Defeating Lawsuits Filed by a Corporation Seeking Compensation on Behalf of Passengers Under EU 261

| Client Bulletins
European Court of Justice Extends EU 261 to Compensate Passengers for Connecting Flight Delays and Cancellations

| Client Bulletins
U.S. District Court Rejects Passenger’s Attempt to Commence Class Action Litigation Based on Class Action Waiver Provision in Ticket Contract

| Client Bulletins
Federal Court Rules that Montreal Convention Delay Claims From Multiple Flights Cannot Be Certified as a Class Action

| Client Bulletins
Ninth Circuit Permits Baggage Delay Class Action To Continue Based on Breach of Contract

| 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, “U.S. Aviation Consumer Regulations and the FAA Reauthorization Act of 2018,” Air Law Seminar, Royal Aeronautical Society, London (January 29, 2019).

Contributing co-author, “Class Action Litigation” (chapter 14), Litigating the Aviation Case, 4th edition. American Bar Association, 2017.

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.