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Civil Litigation

Aviation Dispute

An aviation dispute can start with a pre-buy inspection that missed corrosion, a charter that never flew, a maintenance shop holding an aircraft over an unpaid invoice, or a passenger whose refund simply never came.

Reviewed

01 GUIDE

Aviation Dispute: what usually happens

Who is on the other side

The shape of the dispute depends heavily on who the parties are. Between businesses, aircraft purchase agreements, leases, management agreements, and maintenance work orders usually control, and many of them choose a governing law, a forum, or arbitration. Passenger matters run on different tracks: the airline's contract of carriage, federal consumer rules enforced by the Department of Transportation, and, for many international trips, a treaty that sets its own framework for injury, delay, and baggage claims. Federal law also limits many state-law claims against airlines that relate to prices, routes, or service, which is why a claim that looks ordinary under local law sometimes has to be reframed.

The paper trail behind an aircraft

Aircraft disputes are document-heavy, and the documents are unusually technical. Logbooks, inspection reports, records of compliance with airworthiness directives, and work orders often decide what was known and when. Title and lien questions run through the FAA aircraft registry, and for many aircraft an international registry of interests as well, so a sale can be complicated by a filing nobody mentioned. Keep the purchase or lease documents, escrow instructions, emails with brokers and shops, and photographs of the aircraft's condition. If a shop is holding the aircraft, talk to counsel before trying to move it, because lien rights and access disputes can escalate quickly.

Choosing the track at the outset

Early on, we identify which agreement governs, whether it sends the matter to arbitration or a particular court, and whether a regulator such as the FAA or DOT has a role that runs alongside any private claim. For passengers, we look at whether the trip was domestic or international, since that often changes which rules apply and how quickly a claim has to be made. For owners and operators, we compare the value of the aircraft with the cost of the fight. A negotiated release of the aircraft or an escrow arrangement sometimes makes more sense than litigation while the asset sits idle and loses value.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

03 CASE RESULTS

Matters we have handled

Prior results do not guarantee a similar outcome.

05 HOW WE WORK

Client-centered service across jurisdictions

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We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

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Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

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Multidisciplinary & Efficient Solutions

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06 OFFICES

Where we meet clients

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(855) 529-7557

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(424) 561-7557

Attorney Advertising. This page is general information about aviation dispute and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.