Justin M. Schmidt

Of Counsel, Los Angeles

T: 310.407.2386 F: 310.557.1299
E: jschmidt@nullcondonlaw.com  vCard

Justin M. Schmidt

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

Justin’s extensive experience in the aviation industry includes representing foreign and domestic air carriers and aircraft manufacturers, component manufactures, owners and operators of commercial, business, and general aviation aircraft, aircraft rental, leasing, and repair facilities, airports, and insurance carriers in federal and state courts, at both the trial and appellate levels. While Justin concentrates his practice in aviation liability claims and litigation, he also has significant experience in handling accident investigations, complex liability issues, and cases involving claims for wrongful death, personal injury, contractual disputes, property damage, and products liability.

Justin has worked on several major aviation disaster cases and his notable work includes:

  • Assisting in defense litigation arising from the November 2001 American Airlines Flight 587 crash;
  • Assisting in tort litigation against the Aviation Defendants arising from the terrorist attacks of September 11, 2001;
  • Assisting Colgan Air in wrongful death litigation in connection with the February 2009 crash of Flight 3407; and
  • Representing military aircraft and helicopter manufacturers in aviation accidents (often involving the government contractor defense) and in product liability litigation.

With more than 13 years of aviation industry knowledge of both U.S. and international aviation law, Justin 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. He also has extensive knowledge of the National Transportation Safety Board (NTSB) investigation procedures and is experienced with the Aviation Disaster Family Assistance Act of 1996.

Justin regularly writes articles on an array of aviation law and trial practice topics. Having previously worked in the New York office of the firm from 2008-2013, Justin rejoined Condon & Forsyth in 2019 and now practices from our Los Angeles office. Justin is an active member of the American Bar Association (Member, Forum on Air and Space Law and the Tort, Trial and Insurance Practice Section (TIPS) on Aviation and Space Law). Justin has been recognized as a Super Lawyer in the field of Aviation & Aerospace for the Los Angeles, California area and  was honorably named a Super Lawyers “Rising Star” for the Michigan area (2016-2018).

Prior to entering private practice, Justin served from 2001-2005 as a United States Marine Corps Officer. During his service, Justin was stationed with the Marine Air Wing in Okinawa, Japan as an Aircraft Logistics Officer. Justin was next stationed at Camp Pendleton, California with a Marine Infantry Battalion as an Infantry Logistics Officer. He also served a seven-month combat tour in Fallujah, Iraq.

Justin is a graduate of Rutgers University School of Law, where he was Managing Editor of the Rutgers Computer and Technology Law Review, Winner of the 2007 Nathan Baker Moot Court Trial Competition, a Member of the Rutgers National Moot Court Team, and Recipient of the Hudson County Bar Foundation Scholarship.  Justin earned his Bachelor’s degree from the University of Michigan.

 

Published Works and Presentations

The Odd Man Out: An Air Carrier’s Obligation to Ground Victims under the Aviation disaster Family Assistance Act,” American Bar Association, Tort Trial & Insurance Practice Section (TIPS), The Brief, v.43, no. 3 (2014).

Revisiting the Apex Doctrine,” International Association of Defense Counsel (IADC) Privacy Project, v. IV (2011).

“The Tripartite Relationship and Joint Defense Agreements: Benefits and Pitfalls,” ABA Aviation and Space Law Litigation Seminar, Washington, D.C. (October 21, 2011).

The Odd Man Out: An Air Carrier’s Obligation to Ground victims Under the Aviation Disaster Family Assistance Act,” American Bar Association Tips Disaster Preparedness Teleconference Series, Aviation and Space Law Committee (September 6, 2011).

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

“The Second and Ninth Circuits are Divided Over the Starting Point For Application of the Death on the High Seas Act in Non-Commercial Aviation Accidents,” Condon & Forsyth LLP Bulletin (March 2011).

“Toxic Cabin Air Litigation Continues to Recirculate Through the Courts,” Condon & Forsyth LLP Newsletter (Winter 2011).

Toxic Cabin Air Litigation Continues to Recirculate Through the Courts,” American Bar Association, The Air & Space Lawyer, v.23, no. 2 (2010).

“Drawing a Line in the Sea: The Separate Starting Lines Under the Death on the High Seas Act for Commercial and Non-Commercial Aviation Accidents,” Condon & Forsyth LLP Client Bulletin (July 2009).

“Do Subrogation Rights Survive CPLR Section 4545?,” Condon & Forsyth LLP Client Bulletin (April 2009).

Contributor, “Framing the Government Contractor Defense: Origin, Extension, and Potential,” American Bar Association, The Brief, v. 38, no.2 (Winter 2009).

“What You Need to Know to Successfully Depose a Foreign Witness or Obtain Written Evidence Under the Hague Evidence Convention,” 76 Defense Counsel Journal 247 (April 2009); originally published in IADC Committee Newsletter: Aviation and Space Law (November 2008).

Co-Author, “Managing Expert Discovery,” DRI The Voice of the Defense Bar, Skywritings (Fall 2008).