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

Evan has significant experience representing airlines, aircraft lessors, and aviation defense contractors in federal and state courts, at both the trial and appellate levels, as well as in mediation and arbitration. While his practice primarily focuses on complex commercial litigation and aviation accidents, Evan also represents clients in connection with regulatory compliance and disputes, and contract drafting, editing and negotiation.  Evan regularly represents clients in connection with contract and business tort disputes involving air carriers, lessors, mortgagors, private operators, and with re-possession; and he counsels aircraft purchasers, including commercial air carriers, private operators, and other entities in disputes with manufacturers, such as those disputes recently concerning the Boeing 737 MAX.

Evan’s notable litigation work includes:

• Representing numerous airlines, lessors and private operators in connection with the fallout of the recent global grounding of Boeing 737 MAX aircraft;
• Representing a leading U.S. airline in connection with a claim against the manufacturer of defective aircraft parts and successfully obtaining a multi-million-dollar settlement;
• Representing American Airlines and successfully settling all property damage cases in the multi-billion-dollar tort litigation against the Aviation Defendants arising from the terrorist attacks of September 11, 2001;
• Representing an international defense contractor in a multi-million-dollar hull loss, property damage and business interruption litigation arising from a mid-air collision and successfully obtaining a multi-million-dollar settlement on behalf of the defense contractor and its insurer;
• Representing Colgan Air in wrongful death litigation in connection with the February 2009 crash of Flight 3407; and
• Assisting in defense litigation arising from the November 2001 American Airlines Flight 587 crash.

Evan’s extensive experience in the industry also includes representing air carriers, private operators, insurers, and defense contractors in cargo, hazardous material (HAZMAT), wrongful death, personal injury, and product liability claims. With 15 years of aviation industry knowledge of both U.S. and international aviation law, Evan has counseled clients and litigated claims governed by the Montreal Convention, Warsaw Convention, federal aviation statutes and regulations; and he provides advice to clients throughout the aviation industry on a wide range of FAA and DOT enforcement and regulatory matters, FAA/DOT certification and other federal aviation compliance and policy issues.

As a well-regarded writer, Evan regularly drafts and edits commercial agreements to assist clients in achieving their business objectives and has represented real estate businesses in commercial cases involving breach of contract disputes, contractual issues, and commercial instrument matters.

Evan was recognized by The Legal 500 as a “Key Lawyer” in the firm’s Tier 1 Ranking for their Aviation & Aerospace practice. He currently serves as Vice President of the Association of Transportation Law Professionals, for which Evan frequently writes articles concerning aviation litigation developments. Evan is also a member of the New York City and American Bar Associations. Prior to joining the firm in 2008, Evan served as a judicial intern to the Honorable Viktor Pohorelsky of the United States District Court for the Eastern District of New York and worked at a firm where he practiced general commercial litigation; having represented clients in cases involving contract, fiduciary, insurance and employment disputes.

Newsletters and Bulletins

October 27, 2022 | Client Bulletins
Airline Deregulation Act Preempts Claim that Airline Negligently Failed to Prevent Cocaine Being Planted in Baggage

October 3, 2022 | Client Bulletins
U.S. District Court Denies Boeing Motion to Dismiss Fraud and Misrepresentation Claims Arising from the 737 MAX Grounding

April 4, 2022 | Client Bulletins
Texas State Court of Appeals Revives SWAPA’s Action Against Boeing Ruling that the RLA Does Not Preempt SWAPA’s State-Law Claims

February 1, 2021 | Client Bulletins
Texas Federal Court Rules that Boeing Cannot Withhold Otherwise Discoverable Documents and Information Based on the ICAO Annex 13

September 2, 2016 | Client Bulletins
Cybersecurity: Practical Tips to Mitigate the Risk of a Breach

June 20, 2016 | Client Bulletins
New York’s Highest Court Confirms Longstanding Rule that Application of Common Interest Doctrine is Confined to Pending and Anticipated Litigation Only

March 15, 2013 | Client Alerts
Ninth Circuit Addresses Federal Preemption

March 1, 2012 | Client Bulletins
Federal Court Denies Defendant Access to the Non-Public Portions of Plaintiff’s Facebook Account

December 15, 2011 | Client Alerts
Wrongful Death Litigation Arising Out of the Continental Connection Flight 3407 Accident: A Federal Court Compels Plaintiff to Produce a Broad Array of Damages Discovery, Including Social Media

Published Works and Presentations

Co-Author, “The U.S. District Court for the District of New Jersey Holds that the ACAA Does Not Completely Preempt State Law Negligence Claims and Does Not Present a Substantial Federal Question Necessary for the Exercise of Federal Jurisdiction,” Association of Transportation Law Professionals (ATLP) (Feb. 2023).

Speaker, Aviation Case Law Developments, Association of Transportation Law Professionals (ATLP), 93^rd Annual Meeting (June 26-28, 2022).

Panel Moderator, 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), 93^rd Annual Meeting (June 26-28, 2022).

Panel Speaker on recent aviation decisions at the Association of Transportation Law Professionals 91st Annual Meeting Webinar Series (June 23, 2020).

“The September 11, 2001 Terrorist Attack and Litigation Aftermath.” IADC Defense Counsel Journal, v.86, no.2 (April 2019). (co-author Desmond T. Barry, Jr.)

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).