Evan M. Kwarta

Partner, New York

T: 212.894.6814  F: 212.370.4453
E: ekwarta@nullcondonlaw.com  vCard

Evan M. Kwarta

Evan’s practice encompasses all aspects of aviation, mass tort, product liability, and commercial litigation.

Evan represents airlines, aircraft lessors, and defense contractors in federal and state courts, at both the trial and appellate levels. His practice primarily focuses on aviation accidents, and complex and commercial litigation.

Evan was a member of the team representing American Airlines that successfully settled all property damage cases in the multi-billion dollar tort litigation against the Aviation Defendants arising from the terrorist attacks of September 11, 2001. He was also part of the team that represented Colgan Air in wrongful death litigation in connection with the February 2009 crash of Flight 3407.

Evan assisted in defense litigation arising from the American Airlines Flight 587 accident in November 2001. He also was part of the team that represented an international defense contractor in multi-million dollar hull loss, property damage and business interruption litigation arising from a mid-air collision. Condon & Forsyth obtained a multi-million dollar settlement on behalf of the defense contractor and its insurer. Evan also was part of the team that successfully obtained a multi-million dollar settlement on behalf of a leading U.S. airline in connection with a claim against the manufacturer of defective aircraft parts.

Evan has represented air carriers, insurers and defense contractors in cargo, hazardous material (hazmat) personal injury, and Montreal and Warsaw Convention claims. He has represented carriers in regulatory disputes, and advised carriers with respect to compliance with Federal Aviation Administration (FAA) and Department of Transportation (DOT) regulations. Evan also has represented real estate businesses in commercial cases involving breach of contract disputes and commercial instruments.

Prior to joining the firm in 2008, he practiced general commercial litigation where he represented clients in cases involving contract, fiduciary, insurance and employment disputes. Evan previously served as a judicial intern to the Honorable Viktor Pohorelsky of the United States District Court for the Eastern District of New York.

He is a member of the New York City and American Bar Associations.

Published Works and Presentations

Contributor, The Liability Reporter, published jointly by Condon & Forsyth LLP and the International Air Transport Association (IATA), Vol. 21 (Feb. 2018).

Co-author, “District Court Dismisses Montreal Convention Action for Injury Allegedly Sustained Boarding a Bus Transporting Passenger Between Terminals,” ATLP Association Highlights (Nov./Dec. 2017).

Co-author, “Eleventh Circuit Court of Appeals Affirms Dismissal on Forum Non Conveniens Grounds of Cases Arising from an Air Crash in Nigeria,” ATLP Association Highlights (Sept./Oct. 2017).

Co-author, “U.S. District Court Grants Summary Judgment to Airline That Prohibited Passenger with Insufficient Documentation to Board,” ATLP Association Highlights (July/Aug. 2017).

Co-author, “Federal Court Holds that Montreal Convention Delay Claims from Several Flights Cannot be Certified as a Class Action,” ATLP Association Highlights (May/June 2017).

Co-author, “U.S. District Court Grants Summary Judgment to Airline That Allowed Passenger to Board International Flight on Cancelled Passport,” ATLP Association Highlights (Mar./Apr. 2017).

Contributor, The Liability Reporter, published jointly by IATA and Condon & Forsyth LLP (20th ed., Feb. 2017).

Co-author, “Two Noise Pollution Lawsuits Challenging New FAA Flight Paths into San Francisco International and San Jose International Airports Dismissed as Impermissible Collateral Attack on FAA Order,” ATLP Association Highlights (Jan./Feb. 2017).

Co-author, “Federal Aviation Act of 1958 Preempts State Law Negligence and Strict Liability Claims against Helicopter Owner not in Possession or Control of Helicopter,” ATLP Association Highlights (Aug./Sept. 2016).

Co-author, “Motions to Dismiss Granted in Two Cases Granted, in Part, Based on Preemption,” ATLP Association Highlights (June/July 2016).

Co-author, “Summary Judgment Granted to Airlines against Passengers in Two Cases, in Part, Based on Conditions of Carriage,” ATLP Association Highlights (Apr./May 2016).

Co-author, “Emotional Damages Not Recoverable From Flight Delay,” ATLP Association Highlights (Jan./Feb./Mar. 2016).

Contributor, The Liability Reporter, published jointly by IATA and Condon & Forsyth LLP (19th ed., Feb. 2016).

Co-author, “Federal Courts Skeptical of Frivolous Passenger Claims,” ATLP Association Highlights (Oct./Nov. 2015).

Co-author, “Recent Cases Address the Scope of Preemption Under the Airline Deregulation Act and Air Carrier Access Act,” ATLP Association Highlights (July/Aug./Sept. 2015).

Co-author, “Terrorist Victim Plaintiffs Prevail in Foreign Sovereign Immunity Act Cases,” ATLP Association Highlights (May/June 2015).

Co-author, “Defendant Airlines Granted Summary Judgment in Two Montreal Convention “Accident” Cases Where Plaintiffs Failed to Set Forth Sufficient Evidence,” ATLP Association Highlights (Mar./Apr. 2015).

Contributor, The Liability Reporter, published jointly by IATA and Condon & Forsyth LLP (18th ed., Feb. 2015).

Co-author, “Emotional Distress Claims Arising from Receipt of Illicit Drugs in Wrongly Labeled FedEx Package Preempted by Airline Deregulation Act,” ATLP Association Highlights (Jan./Feb. 2015).

Co-author, “Two U.S. District Courts Grant Judgment to Defendant Airlines in Failure to Divert Cases Arising Under the Montreal Convention,” ATLP Association Highlights (Nov./Dec. 2014).

Co-author, “Recent Decisions Consider Tolling Under the Montreal Convention’s Two-Year Time Bar,” ATLP Association Highlights (Sept./Oct. 2014).

Co-author, “Recent Forum Non Conveniens Cases Further Trend to Dismiss Foreign Accident Cases that Lack a Strong U.S. Connection,” ATLP Association Highlights (July/Aug. 2014).

Co-author, “Recent Decisions Highlight Broad Scope of Preemption Under the Federal Aviation Act and Airline Deregulation Act,” ATLP Association Highlights (May/June 2014).

Co-author, “Recent Decisions Grapple with Airline Deregulation Act Preemption of “Mistake” and European Law Claims,” ATLP Association Highlights (Mar./Apr. 2014).

Contributor, The Liability Reporter, published jointly by IATA and Condon & Forsyth LLP (17th ed., Feb. 2014).

Co-author, “U.S. District Court Finds State Law Claim for Blood Clot Resulting from Tarmac Delay Preempted by Federal Law,” ATLP Association Highlights (Jan./Feb. 2014).

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

Co-author, “Ninth Circuit Addresses Federal Preemption Under the Air Carrier Access Act,” ATLP Association Highlights (May/June 2013).

Contributor, The Liability Reporter, published jointly by IATA and Condon & Forsyth LLP (16th ed., Feb. 2013).

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

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

Co-author, Sealing your Settlement Agreement from the Public Eye. IADC Privacy Project Volume IV (2011).

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

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