An Insider s View on Multi-Jurisdictional Litigation. Armando Carlo III. The Boeing Company. 100 N Riverside Chicago, IL John G.

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1 Up in the Air: An Insider s View on Multi-Jurisdictional Litigation Armando Carlo III The Boeing Company 100 N Riverside Chicago, IL John G. Sams Bell Helicopter Textron Inc Bell Helicopter Blvd Fort Worth, TX Tracy Steele AIG Aerospace Adjustment Services Inc Abernathy Rd NE Bldg 600 Atlanta, GA 30328

2 Armando Carlo III is an attorney with over 20 years of experience dealing with insurance coverage, commercial litigation and employment issues. As a Director in the Risk Management & Insurance Department for The Boeing Company, Armando leads the Insurance Litigation & Claims group. He is responsible for coordinating and overseeing the Company s insured claims, including claims involving aviation products liability, casualty, professional liability, environmental and property damage, as well as other lines of coverage. John G. Sams is the Deputy General Counsel - Litigation at Textron Aviation and Bell Helicopter Textron Inc. John is a graduate of Baylor Law School. He is admitted in Texas and Kansas, as well as the United States District Courts for the Northern, Southern, Eastern, and Western Districts of Texas and the United States Courts of Appeals for the Fifth and Ninth Circuits. Tracy Steele is an experienced aviation claims attorney with AIG Aerospace, where she handles global aircraft products claims. Tracy obtained a Bachelors of Business Administration degree from the University of Notre Dame in 2002 with a major in Marketing and minor in Computer Applications, and a Juris Doctor degree from Pepperdine University School of Law in 2005 with an additional Certificate in Dispute Resolution. Tracy is a member of the DRI Aviation Law Steering Committee.

3 Up in the Air: An Insider s View on Multi-Jurisdictional Litigation Table of Contents I. Introduction...5 II. Presentation...5 Up in the Air: An Insider s View on Multi-Jurisdictional Litigation Carlo et al. 3

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5 Up in the Air: An Insider s View on Multi-Jurisdictional Litigation I. Introduction An esteemed panel of in-house counsel and claims attorneys will address the complex issues that arise when litigating lawsuits arising out of the same incident in multiple jurisdictions. Topics will include personal jurisdiction post-daimler, forum non conveniens, multidistrict litigation rules, concurrent criminal proceedings, and the variety of complications that arise when coordinating different defense counsel in multiple jurisdictions. II. Presentation Up in the Air: An Insider s View on Multi- Jurisdictional Litigation Up in the Air: An Insider s View on Multi-Jurisdictional Litigation Carlo et al. 5

6 Litigating lawsuits arising out of the same incident in multiple jurisdictions. Personal jurisdiction post-daimler, Forum non conveniens motion practice Multidistrict litigation rules Ability to consolidate multidistrict cases for discovery Consolidation in pending state and federal actions Coordinating different defense counsel in multiple jurisdictions Primary point of contact Limiting defense costs in coordination with insurer 6 Annual Meeting October 2017

7 Concurrent Criminal Proceedings Understanding the law of each court to determine whether criminal court plea will be admissible Ability to stay civil action pending criminal proceeding Determining the cause of the accident with a criminal defendant who is unable or advised not to testify Insurer vs. Employer s duty to defend pilot or copilot in criminal proceedings Up in the Air: An Insider s View on Multi-Jurisdictional Litigation Carlo et al. 7

8 Litigating extra-territorial air crashes in the US Plaintiffs bar using U.S. courts to adjudicate aviation claims relating to extra-territorial air crashes Plaintiffs have become much more aggressive in seeking recovery in U.S. courts for extra-territorial air crashes, regardless of whether the accident has any meaningful contacts with the U.S. forum 8 Annual Meeting October 2017

9 U.S. courts have procedural advantages unavailable in other courts Liberal pleading rules allow plaintiffs to enter courts with vague claims. Broader pre-trial discovery rules. Broader discovery increases a defendant s litigation costs and improves plaintiffs bargaining positions in settlement negotiations. Availability of mass actions (groups of plaintiffs). Availability of jury trials and greater damages Because in personam jurisdiction often exists over multinational corporations in several different state or federal courts, plaintiffs have a broad choice of fora in the U.S Punitive damages Up in the Air: An Insider s View on Multi-Jurisdictional Litigation Carlo et al. 9

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