Marshall Dennehey

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  • Established in 1962
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Aviation and Complex Litigation

During the last three decades, the members of this practice group have, on a regular basis, represented virtually all aspects of the aviation industry including: aircraft manufacturers, suppliers of steel and forgings used in aircraft components, suppliers of aviation ground support equipment, operators, pilots and airport facilities. As set forth below, the matters have involved questions of liability for the major recall of aircraft components, where more than $100 million was at stake, to operators of business jets, to persons injured in hot air balloon rides.

We have also represented commercial operators and pilots in licensing and administration proceedings before the Federal Aviation Administration and the National Transportation Safety Board.

The members of the group are intimately familiar with various aspects of aviation activities and operations. The chair of the group has been a licensed and active instrument-rated pilot for over 30 years. Another member of the group holds his airline transport pilot certificate, along with a gold medallion flight instructor certificate, and was formerly a captain for a regional airline and first officer for Trans World Airlines on the MD-80 aircraft. Two other members have also trained as pilots, with one successfully building and operating his own home-built airplane. Members of the group are active in numerous trade and profession-related associations, including the Aviation Insurance Association and the Lawyer-Pilot's Bar Association.

Because of the broad range of activities that occur within the aviation industry, and the often catastrophic results when an aviation activity goes awry, each aviation liability claim often has very unique circumstances and issues. Due to the likelihood of serious damage to or destruction of the product involved, the members of our aviation litigation group are often engaged by the parties or their insurers shortly after an event occurs to assist in structuring the investigation and assembling the team of experts to conduct such testing, accident reconstruction, and failure analysis as may be necessary to determine the cause of the event.

The experience gained in years of handling complex aviation and product liability cases has easily translated to the litigation of other commercial disputes where technology and product operation is at issue. The use of techniques such as finite element analysis, scanning electron microscopy, focused ion beam analysis and computerized recreation and depiction of critical events are techniques that easily transfer to and provide a significant advantage in the handling of litigation of numerous disputes that arise, not just in aviation matters but in various commercial settings. It is a combination that brings together the access to and understanding of these technologies and expertise, with the experience of trying to verdict protracted complex legal matters, that enables us to provide effective advocacy to clients who come to us for legal representation.

Representative Cases and Clients

  • We represented a major regional specialty steel company that melted and forged ingots from which aircraft engine components were later made. An engine manufacturer to whom the steel was sold underwent an $80 million recall due to a series of faulty crankshafts and claimed that the crankshafts were defective because of inherent defects in the supplied steel. After a four-week trial in the Philadelphia Court of Common Pleas, the jury concluded that the evidence proffered by our experts, including extensive testing and sophisticated analysis, established that the steel was not defective in its inherent structure.
  • A major manufacturer of seats used in corporate and commercial jets was sued after the crash of a corporate jet resulted in a brain injury disabling a senior executive. It was alleged that this was due to seat failure from the impact sequence. Through reconstruction of seat components and analysis by biomechanical engineers, which established that the seat could not have failed as alleged by the plaintiff, the plaintiff's expert was discredited in a pre-trial hearing and the case settled favorably for the seat manufacturer.
  • A propeller manufacturer was sued when a propeller failed in flight in a single-engine aircraft requiring an attempted emergency landing in which the pilot and his wife died, and their eight-year-old daughter, who was substantially injured, watched her parents expire post-accident. The propeller manufacturer admitted that it had a defective decal that would lead to corrosion of propeller at the point where failure occurred, but through maintenance experts and metallurgists, we were able to show that the manufacturer had provided specific instructions for removal of the defective decal, which were not followed.
  • We represented a leading forger of commercial transportation parts that had forged crankshafts used in aircraft engines. After several fatal crashes, and other reported crankshaft failures, the aircraft manufacturer initiated a $100 million-plus recall and claimed that the crankshaft defects were the result of forging problems. After a two-month trial in Texas, the jury returned a verdict finding that the forging company did not create any defects in the crankshaft and that the crankshaft defects resulted from design problems.
  • A leading manufacturer of specialty polyurethane materials was sued regarding alleged defective equipment provided by the designer and manufacturer of high speed polyurethane mixing equipment used in association with robotic manufacturing process. After a two-month trial, a federal jury in Philadelphia awarded the polyurethane manufacturer in excess of $12 million against the supplier of the defective mixing equipment.
  • On behalf of a leading manufacturer of airblast equipment, we are acting as personal counsel in advising the manufacturer regarding more than 10,000 lawsuits around the country, interfacing with insurance counsel assigned to represent the client as an insured, and participation in the structuring of the national defense strategy for handling the claims while at the same time administering the coverage issues relating to claims among the various insurers.
The Aviation and Complex Litigation Practice Group of Marshall Dennehey Warner Coleman & Goggin serves clients in Philadelphia, Pittsburgh, Tampa, Orlando, Jacksonville, Ft. Lauderdale and communities throughout Pennsylvania, New Jersey, Delaware, Ohio, Florida and New York.

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Peer Reviews

4.6/5.0 (993 reviews)
  • Legal Knowledge

    4.6/5.0
  • Analytical Capability

    4.6/5.0
  • Judgment

    4.6/5.0
  • Communication

    4.6/5.0
  • Legal Experience

    4.6/5.0
  • 5.0/5.0 Review for Kimberly Kanoff Berman by a Of Counsel on 10/15/13 in Insurance Coverage

    Ms. Kanoff is an exceptional attorney with a keen knowledge of the law and the ablility to grasp fact and apply the applicable law in an expeditious manner.

  • 5.0/5.0 Review for Walter J. Klekotka by a Partner on 03/02/13 in Civil Litigation

    Terrific, highly ethical and hard-workning lawyer. A credit to our profession.

Peer reviews submitted prior to 2008 are not displayed.

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Diversity

Marshall Dennehey has long been committed to diversity and inclusion with a commitment that starts at the top. Our current Executive Committee members, G. Mark Thompson, Howard P. Dwoskin and Craig S. Hudson, as well as our past leadership, have set the tone on this issue by clearly and consistently emphasizing that a diverse and inclusive environment is intertwined with the success of the firm.

Diversity means more to us than ethnic diversity, and we strive to make our firm a place where ethnic minorities, women, LGBTQ+ individuals, neurodiverse people and those with physical disabilities can succeed. We have long supported the Legal Clinic for the Disabled in Philadelphia, with two of our attorneys serving on its Board of Directors over the last few years. We are constant in our efforts to retain and grow our diverse population as that strengthens our organization. In 2019 we received a Diversity & Inclusion Award from Liberty Mutual Insurance in recognition of these efforts.

Our history of promoting minority attorneys goes back a generation to when Hiliary Holloway became the firm’s first African-American shareholder in 1990. Presently, we have several minority attorneys who hold positions of senior leadership at the firm, including Michael Turner and Kevin Hexstall who are members of our Board of Directors. We actively seek to hire or promote minorities across professional and support staff as well. The directors of our IT and HR Departments are African-American women, and professionals of other ethnic backgrounds serve as managers and supervisors across many administrative departments of the firm.

We have a 10-person Diversity, Equity & Inclusion Committee that has set into place a number of initiatives that assist in both hiring and retaining attorneys of color. We have a mentoring system in place where our minority shareholders reach out to our younger minority associates to provide them with support, counsel and encouragement, that can make a significant difference in their professional progression.

In addition to mentorship, we hold an annual meeting and dinner in our Philadelphia headquarters office for attorneys of color. Attorneys from all of our 20 offices attend this event (virtually during this pandemic) where educational seminars, specifically designed to assist those of color to thrive in a majority environment, are given. These seminars are led by internal and external speakers. The event concludes with a dinner that focuses on camaraderie and making horizontal connections within the greater firm for an added layer of encouragement and support.

Throughout the year there are opportunities for smaller groupings of minority attorneys, based on geography, to get together and meet with each other. Some of these events are attended by the firm’s Executive Committee, which recognizes how important it is for these groups to be able to spend time with firm leadership. The firm also participates in minority job fairs and strives to identify minority attorneys and law students who are interested in litigation careers.

We are proud to support our attorneys’ participation in affinity groups that will further their professional development and growth. Minority attorneys at Marshall Dennehey are members of, and participate in, numerous minority organizations, including the National Bar Association (African-American attorneys), the National Asian Pacific American Bar Association, the National Hispanic Bar Association, the Barristers' Association of Philadelphia (membership primarily made up of African-American attorneys practicing in the Philadelphia region), the South Asian Bar Association of Philadelphia, the Asian American Bar Association of the Delaware Valley (membership is primarily made up of Asian American attorneys practicing in the Philadelphia region), the Hispanic Bar Association of Pennsylvania and the Tampa Bay Hispanic Bar Association. Additionally, minority attorneys serve on minority and diversity committees and subcommittees of various national and local professional organizations.

Recent Recognition:

  • The American Lawyer 2020 A-List, Female Equity Partner Scorecard, Ranked #3 among the Am Law 200
  • 2019 Diversity and Inclusion Award from Liberty Mutual Insurance
  • 2019 Minority Business Leaders Award, Philadelphia Business Journal—Niki T. Ingram, recipient
  • Law360’s 2019 Glass Ceiling Report, Best Law Firms for Female Partners – we ranked #2 among law firms with 300-599 attorneys
  • Women Inc. – Top 100 Law Firms for Women, 2019
  • National Law Journal’s 2019 Women’s Scorecard – we placed in the top 12% of law firms recognized
  • Honor Roll of Legal Organizations Welcoming to Women Professionals – Pennsylvania Bar Association, 2014
  1. Number of Associates who are...

    • Non-minority Males 84
    • Minority Males 15
    • Non-minority Females 81
    • Minority Females 20
  2. Number of Administrative Professionals who are...

    • Non-minority Males 0
    • Minority Males 0
    • Non-minority Females 26
    • Minority Females 4
  3. Number of Paralegals who are...

    • Non-minority Males 7
    • Minority Males 2
    • Non-minority Females 73
    • Minority Females 9
  4. Number of Other Lawyers who are...

    • Non-minority Males 0
    • Minority Males 0
    • Non-minority Females 0
    • Minority Females 0
  5. Number of Of Counsel who are...

    • Non-minority Males 5
    • Minority Males 0
    • Non-minority Females 0
    • Minority Females 0
  6. Litigation eDiscovery Best Practices

    • Does the firm have an established eDiscovery Committee? Yes
    • Does your firm have any educational programs designed to address the changing federal rules of civil procedure? Yes
    • Does your firm have a standardized protocol to guide client data collection? (i.e. Maintaining chain of custody, utilizing forensically sound procedures) Yes
    • Does the firm have a standardized protocol to guide processing clients' edata? (i.e. all data produced in PDF, meta data preserved?) Yes
    • Does the firm have a standardized approach for document reviews across practice groups (i.e. established protocol for eDiscovery review depending on the needs of the case) Yes
  7. Litigation General Best Practices

    • Does the firm have a formalized new associate litigation training/mentoring program? Yes
    • Does the firm's litigation department have a structured approach to early case assessment? For example: Does your firm implement a standard approach to determine risks and strengths early in a case to assess trial or settlement options? Yes
    • Does the firm have an established records management team to assist clients with records retention, compliance and litigation preparedness? Yes
  8. Number of Human Resources Professionals who are...

    • Non-minority Males 1
    • Minority Males 0
    • Non-minority Females 4
    • Minority Females 0
  9. Number of Finance Professionals who are...

    • Non-minority Males 14
    • Minority Males 2
    • Non-minority Females 37
    • Minority Females 13
  10. Number of Librarians who are...

    • Non-minority Males 1
    • Minority Males 0
    • Non-minority Females 4
    • Minority Females 3
  11. Vendor Management

    • Does the firm have preferred vendor relationships? Yes
  12. Knowledge Management

    • Does the firm have a knowledge management program? Yes
  13. Disaster Recovery

    • Does the firm have a disaster recovery plan in place? Yes
  14. Number of Partners who are...

    • Non-minority Males 208
    • Minority Males 8
    • Non-minority Females 57
    • Minority Females 4
  15. Matter Budgeting and Financial Management

    • Does the firm establish formal budgets for client engagements? Yes
    • Are bills submitted electronically? Yes
  16. Number of Technology Professionals who are...

    • Non-minority Males 19
    • Minority Males 7
    • Non-minority Females 6
    • Minority Females 6
  17. Number of Marketing Professionals who are...

    • Non-minority Males 1
    • Minority Males 0
    • Non-minority Females 6
    • Minority Females 0

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