AIR-21

The Firm’s President Sheryl Axelrod defends companies and in select cases, represents individuals, in their employment matters including in AIR-21 actions.

Aviation Litigation Experience – Passenger Claim

  • Published in the Aviation Litigation Reporter – Wrote two briefs that in federal court cases that were published in the Aviation Litigation Reporter, including a brief filed in the Supreme Court of the United States in an action brought under the Warsaw Convention, “Brief of Northwest Airlines, Inc. in Opposition to the Petition for a Writ of Certiorari,” Grimes v. Northwest Airlines, Inc. Ms. Axelrod successfully defended an airline company in the Grimes matter in the United States Court of Appeals for the Third Circuit and the Supreme Court of the United States, from a claim by a passenger aboard an international flight. The passenger alleged that his refusal to leave a seat to which he was not assigned, and his subsequent arrest and removal from the flight by airport police: (1) caused him to suffer an “accident which caused damage” within the meaning of Article 17 of the Warsaw Convention; and (2) was outside of the limitation of liability provision in Article 25 of the Warsaw Convention. The United States District Court for the Eastern District of Pennsylvania granted summary judgment in favor of the airline on the passenger’s claims. After briefing by Ms. Axelrod, the Third Circuit affirmed. After the Opposition to the Petition for a Writ of Certiorari Ms. Axelrod wrote, the Supreme Court denied certiorari.
  • Successfully defended an airline company in the Third Circuit and the United States Supreme Court, from a claim by a passenger aboard an international flight. The passenger alleged that his refusal to leave a seat to which he was not assigned, and his subsequent arrest and removal from the flight by airport police: (1) caused him to suffer an “accident which caused damage” within the meaning of Article 17 of the Warsaw Convention; and (2) the limitation of liability provision in Article 25 of the Warsaw Convention. The United States District Court for the Eastern District of Pennsylvania granted summary judgment in favor of the airline on the passenger’s claims. The Third Circuit affirmed. The brief Ms. Axelrod wrote in the Supreme Court in opposition to the Plaintiff’s Petition for a Writ of Certiorari, is one of Ms. Axelrod’s published briefs. 
  • Represented Deutsche Aerospace in contract and negligence issues arising out of JPATS prototype aircraft during test flight in Germany.
  • Represented component manufacturer acting as national coordinating counsel in multiple lawsuits around the U.S. arising out accident of Air France Flight 447; case resulted in multi-district litigation; case dismissed after successful motion to dismiss on the basis of forum non conveniens.