Master Plaintiff and Defense Strategies in Modern Aviation Litigation

Robert A. Clifford, Founder and Senior Partner | Clifford Law Offices

Robert A. Clifford is the founder and senior partner of Clifford Law Offices in Chicago, one of the nation’s premier personal injury and wrongful death litigation firms. Widely regarded as a global leader in aviation litigation, Mr. Clifford has represented families in every domestic commercial crash since 1979 and currently serves as Lead Counsel in the federal litigation for families of the 2019 Ethiopian Airlines Boeing 737 MAX-8 crash victims. Under his leadership, Clifford Law Offices has recovered more than $5 billion in judgments and settlements for clients, and the firm has been recognized as one of the “50 Elite Firms in the Country” by the National Law Journal.

Education & Credentials

• Mr. Clifford received his Juris Doctor from DePaul University College of Law in 1976, which also conferred upon him the Doctor of Laws, honoris causa, in 2003. He earned his undergraduate degree from DePaul University’s College of Commerce in 1973. He is admitted to practice before the Supreme Court of the United States, the U.S. Courts of Appeals for the Second, Fifth, and Seventh Circuits, and multiple U.S. District Courts, as well as the State of Illinois Bar.

Recognition & Leadership

• Mr. Clifford has been ranked the No. 1 lawyer in Illinois by Super Lawyers for a record 13 years, including in 2026. He was named to Forbes’ America’s Top 200 Lawyers list in 2024, received the Lifetime Achievement Award from The National Law Journal in 2024, and was inducted into Lawdragon’s Hall of Fame in 2023. He has been listed in Best Lawyers in America continuously since 1993 across multiple practice areas including aviation law.

Professional Involvement

• Mr. Clifford has served as Chair of the ABA Section of Litigation, President of the Chicago Bar Association, and President of the Illinois Trial Lawyers Association. He is a Fellow of the American College of Trial Lawyers, a member of the Inner Circle of Advocates, and a member of the International Air & Transportation Safety Bar Association. He has served on the Board of Trustees of DePaul University and the Board of Overseers of the RAND Institute for Civil Justice.

Experience

• For over 50 years, Mr. Clifford has focused on complex personal injury and wrongful death litigation, with particular prominence in aviation disaster cases. He has represented families in every major domestic commercial aviation crash since 1979, including the September 11 attacks and the Boeing 737 Max 8 litigation. He has served as faculty at multiple law schools including DePaul University College of Law, Loyola University Chicago School of Law, and the University of Chicago College of Law, and has presented on aviation litigation topics at conferences worldwide.

Taylor Sandella, Associate | Kreindler & Kreindler LLP

Taylor A. Sandella is an Associate at Kreindler & Kreindler LLP, where she represents plaintiffs in personal injury and wrongful death cases with a focus on aviation litigation. She joined the firm in 2023 following a clerkship at the Superior Court of New Jersey, Law Division, Essex Vicinage, where she drafted judicial opinions, research memoranda, and mediated cases. Ms. Sandella is a highly accomplished legal professional with a strong commitment to public service, having earned the Gold Public Service Award from Brooklyn Law School for over 1,000 hours of pro bono work, including representation of veterans through the Veteran Advocacy Project Clinic. She has authored articles on aviation litigation topics for publications including the New York Law Journal and Trial magazine, and was selected as a Super Lawyers Rising Star in 2025.

Education & Credentials

• Ms. Sandella holds a J.D. from Brooklyn Law School, where she received the Prince Merit Scholarship and the Gold Public Service Award. She also earned an M.A. in Social and Consumer Psychology and a B.A. in Psychology with a minor in Law and Society, both from New York University. She is admitted to practice in New York and New Jersey, as well as the U.S. District Courts for the District of New Jersey, the Southern District of New York, and the Eastern District of New York.

Recognition & Leadership

• Ms. Sandella was selected as a Super Lawyers Rising Star in 2025. While at Brooklyn Law School, she served as Vice President of the Federal Bar Association chapter and was a founding member and editor of the Brooklyn Entertainment and Sports Law Society Student Blog. She received the Founders Day Award from NYU.

Professional Involvement

• Ms. Sandella is a member of the American Association for Justice (Aviation Section), the American Bar Association (Torts and Insurance Practice Section), the New York City Bar Association (Aeronautics Committee), and the Pan European Organisation of Personal Injury Lawyers (PEOPIL). She has published on aviation litigation topics, including turbulence injury claims and punitive damages in products liability cases.

Experience

• Prior to joining Kreindler as an associate, Ms. Sandella served as a Judicial Law Clerk at the Superior Court of New Jersey, where she reviewed and recommended decisions on motions, drafted judicial opinions, and mediated cases. She also gained experience as a Law Clerk at Kreindler & Kreindler LLP, drafting legal briefs and conducting comprehensive legal research, and completed an internship with the U.S. Department of Housing and Urban Development (HUD), where she negotiated and resolved fair housing cases.

John Maggio, Partner | Condon & Forsyth LLP

John Maggio is a Partner at Condon & Forsyth LLP, based in the firm’s Miami and New York offices, where he handles all types of civil, commercial, and products liability litigation with a focus on aviation law. He has represented air carriers, aircraft manufacturers, and insurers in wrongful death, personal injury, and contractual litigation, with extensive experience in claims governed by the Warsaw Convention, Montreal Convention, Airline Deregulation Act, and other international treaties and U.S. aviation statutes. Mr. Maggio has litigated in federal and state courts throughout the United States, including trials in California, Connecticut, New York, Florida, and Texas, and has argued appeals in the U.S. Courts of Appeals for the Second, Ninth, and Eleventh Circuits.

Education & Credentials

• Mr. Maggio received his J.D. from Emory University School of Law, where he served on the Moot Court Executive Board, was inducted into the Order of Barristers, and served as a Dean’s Research and Writing Fellow. He earned his B.A. from Binghamton University. He is admitted to practice in Florida and New York, as well as the U.S. District Courts for the Eastern, Southern, and Northern Districts of New York, the Northern District of Illinois, the Southern and Middle Districts of Florida, the U.S. Courts of Appeals for the Second, Ninth, and Eleventh Circuits, and the U.S. Supreme Court.

Recognition & Leadership

• Mr. Maggio is consistently recognized as a leading aviation lawyer in The Legal 500 U.S., Chambers USA, Who’s Who Legal: Global Elite – Transport – Aviation Contentious, Aviation Expert Guides, and as a Super Lawyer in Aviation & Aerospace for the New York Metro area (2014–2023). In 2019, he received the Emory Law School Alumni Service Award, an honor he also received in 2008, for contributing significant, sustained leadership and outstanding service. He served as President of the Association of Transportation Law Professionals (2018–2019).

Professional Involvement

• Mr. Maggio is a member of the Florida Bar Association, the American Bar Association (Air & Space Law Litigation Section), and the Association of Transportation Law Professionals. He served as a Faculty Member for the Kessler-Eidson Program for Trial Techniques at Emory University School of Law (20042015) and as a legal writing instructor for the Continuing Legal Education Paralegal Program at Queens College (1998–2004). He also served as President of the Emory Law Alumni Board (2015–2018).

Experience

• Mr. Maggio has extensive experience representing aviation and aerospace clients in complex civil, commercial, and products liability litigation. He has also served as regulatory counsel to foreign air carriers and advises clients on regulatory law requirements. Before joining Condon & Forsyth in 1999, he practiced on Long Island with a focus on commercial, premises, and products liability litigation. He has spoken at numerous aviation law conferences worldwide, including events hosted by the ABA, ALTA, and IATA.

Allison M. Surcouf, Partner | Condon & Forsyth LLP

Allison M. Surcouf is a Partner at Condon & Forsyth LLP in New York, specializing in aviation litigation and alternative dispute resolution. She has extensive experience representing aviation and aerospace companies, including foreign and domestic air carriers as well as aircraft and component part manufacturers, in civil litigation and arbitration involving wrongful death, personal injury, product liability, premises liability, breach of contract, and employment issues. Ms. Surcouf also specializes in advising carriers and insurers on obligations under mandatory Medicare reporting laws and the Medicare Secondary Payer Act, and advises clients on regulatory matters involving the U.S. Department of Transportation and the Federal Aviation Administration.

Education & Credentials

• Ms. Surcouf received her J.D. from Emory University School of Law and her B.A. from Louisiana State University. She is admitted to practice in New York and in the U.S. District Courts for the Southern and Eastern Districts of New York.

Recognition & Leadership

• Ms. Surcouf has been consistently named a Next Generation Partner by The Legal 500 U.S. in Transport: Aviation and Air Travel – Litigation (2019–2024). She currently serves as Chair of the Aeronautics Committee of the New York City Bar Association.

Professional Involvement

• Ms. Surcouf is a member of the New York City Bar Association (Aeronautics Committee, Chair), the American Bar Association (Litigation Committee), and the International Aviation Womens Association (Mentoring Committee). She has presented at conferences hosted by the ABA, the International Underwriting Association, and the Lloyd’s Market Association, and has co-authored publications on topics including federal preemption in aviation and Medicare reporting compliance.

Experience

• Ms. Surcouf has represented clients in courts nationwide and has first and second chaired trials in federal and state court. She has also represented numerous clients before administrative agencies in regulatory proceedings. Her published works include articles on federal preemption under the Federal Aviation Act, Medicare reporting obligations, and standards of liability for in-flight medical emergencies and failure-todivert claims.

Session I – Aviation Personal Injury Litigation: Plaintiff Strategies for Evidence, Jurisdiction, and Case Valuation | 1:00pm – 2:00pm

This CLE session provides a strategic, practice-focused roadmap for handling aviation injury cases from intake through resolution. Attendees will learn how to position a case for success from day one, including preserving critical evidence, developing damages early, and avoiding common pitfalls that can undermine value. The session also explores key jurisdictional and venue considerations unique to air travel litigation, including domestic and international claims and strategic filing decisions. It draws on lessons learned from the Boeing 737 Max 8 litigation to illustrate mass aviation disaster case management, multidistrict litigation dynamics, and manufacturer liability strategies, and concludes with practical guidance on prosecuting these cases effectively through targeted discovery and deposition strategies designed to build liability and maximize recovery.

This session will guide attorneys through the threshold question of whether a claim arises under the Montreal Convention or domestic law, exploring the treaty’s two-year statute of repose and strict liability provisions for international carriers, as well as common in-flight accident categories such as overhead bin injuries, beverage cart injuries, and the increasingly prevalent turbulence-related claims. The discussion will address how embarking and disembarking injuries implicate different parties depending on whether the incident occurs in the airport or onboard, including the role of port authority FOIA requests. The session will then examine the Boeing 737 Max 8 litigation, covering both the Lion Air Flight 610 and Ethiopian Airlines Flight 302 crashes and how plaintiff counsel identified the proper defendants, leveraged the MCAS design defect, and navigated MDL consolidation and cross-border jurisdictional challenges. Finally, the session will detail a disciplined intake protocol including witness lockdown, full itinerary review, FOIA requests, NTSB report acquisition, and preservation letter strategies.

Break | 2:00pm – 2:10pm

Session II – Litigating Airline Disputes Under U.S. Law: Preemption, Treaty Claims, and a Practical Defense Playbook | 2:10pm – 3:10pm

This session provides a practical roadmap for defending airline disputes, from early issue-spotting and claim triage to strategic use of Airline Deregulation Act preemption in motion practice. It covers key discovery considerations including operational records, policies, timelines, and focused depositions along with emerging challenges involving digital and AI-generated evidence. This session concludes with a disciplined defense playbook for narrowing issues, leveraging treaty and preemption defenses, and shaping persuasive trial themes.

This session will walk defense attorneys through a systematic framework for triaging airline dispute claims at the earliest stages, identifying which causes of action survive federal preemption and which can be dismissed through early motion practice under the Airline Deregulation Act. The discussion will cover targeted discovery strategies including how to handle operational records, internal airline policies and training materials, incident timelines, and focused deposition topics that can narrow the issues in dispute.

Attorneys will also confront emerging evidentiary challenges posed by digital evidence, AI-generated media, and authenticity questions that are reshaping how parties prove and defend claims. The session will conclude with a practical defense playbook that synthesizes preemption doctrine, treaty defenses, and trial-theme discipline into an actionable strategy for resolving airline disputes efficiently and favorably.