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We speak with a Partner at an aviation practice who advocates for 737 MAX crash victims. In the news, we look at the Azerbaijan and Jeju crashes, Boeing’s safety and quality-control plan update, Delta’s plan for an AI-rich future, and V-22 Osprey catastrophic failure risks. Also, favorite flybys from listeners.
Erin Applebaum is a partner in the aviation practice at Kreindler & Kreindler LLP, specializing in high-stakes litigation for passengers injured or killed in general aviation accidents and commercial airline disasters.
Erin has devoted her career to advocating for justice and fighting for the advancement of aviation safety. She serves on the Plaintiffs’ Executive Committee for the Ethiopian Airlines Flight 302 Boeing 737 MAX litigation. Erin is part of the legal team representing the 737 MAX crash victims in the federal criminal case against Boeing.
Erin updates us on the status of the 737 MAX crash civil litigation. The criminal case is ongoing but likely nearing an end. Boeing was found in violation of the deferred prosecution agreement but the judge rejected the negotiated plea deal. The families of the victims are unhappy because the criminal case focuses on the single charge of defrauding the FAA, and not on those who lost their lives.
Erin maintains a robust practice of litigating tort claims governed by the Montreal Convention, the global treaty governing international commercial flights. She teaches a popular aviation CLE course for other attorneys on how to litigate personal injury claims for international airline passengers. Erin has published a comprehensive update on the law governing international aviation claims in the highly respected legal journal of McGill University, “Annals of Air and Space Law.”
Erin serves as Co-Chair of the New York City Bar Association’s Aeronautics Committee, Vice Chair of the American Bar Association’s Aviation and Space Law Committee, and is an active member of the American Association for Justice and the International Aviation Women’s Association.
On December 25, 2024, an Azerbaijan Airlines ERJ-190 flying from Baku Azerbaijan to Grozny in Russia’s Chechnya crashed in Aktau Kazakhstan leaving 38 people dead. The plane diverted from Grozny due to dense fog and ultimately made an emergency landing an hour later in Grozny. On final approach, the Embraer lost altitude and impacted the ground off the runway. Twenty-nine people, including the cabin crew, survived. Thirty-eight, including the flight crew, did not
IATA Statement on Azerbaijan Airlines Flight 8243 says, in part:
“Civil aircraft must never be the intended or accidental target of military operations. The strong potential that Azerbaijan Airlines flight 8243 could have been the victim of military operations, as indicated by several governments including Russia and Azerbaijan, places the highest priority on conducting a thorough, transpar