Barry is a Partner in the firm’s New York and New Jersey offices. He has twenty-five years of experience representing domestic and international airlines, fixed base operators, maintenance, repair, and overhaul companies, airline service providers, product manufacturers, and aviation insurers in a wide variety of commercial, product liability, and wrongful death/personal injury litigation. Barry also has significant experience representing domestic and international aviation insurers in a variety of insurance coverage matters, including coverage litigation arising out of the 2015 crash of an aircraft during the filming of the movie American Made. Barry acts as lead counsel in litigation in state and federal courts across the United States, and has significant experience handling international arbitrations. Barry has been recognized as one of the leading aviation attorneys worldwide, including:

• Recognized by Chambers USA for nationwide aviation litigation, 2021-2022
• Listed in Who’s Who Legal (Transport: Aviation-Contentious,
• Transport: Aviation Regulatory), 2016-2022, and as a Leading Individual in the United States for 2021 and 2022
• Listed among “Leading Aviation Attorneys” by Aviation Expert Guides, 2014-present
• Winner of the International Advisory Experts Award for “Litigation Lawyer of the Year” in New York, 2017
• Named to “New York Super Lawyers” list, 2015-2021

Barry is often called upon by insurers and insureds alike to provide lectures on various liability and regulatory issues, and is an instructor for the International Air Transport Association, often called upon to teach airline personnel on various area of liability law. He has spoken at just about every major aviation conference in the world, including the SMU Air Law Symposium, IATA Legal Symposium, ABA TIPS Aviation Conference, McGill Conference on International Aviation Liability, Insurance & Finance. He also is an accomplished writer, having authored an article on airline liability for parental child abduction published in the SMU Journal of Air Law and Commerce, a chapter on the admissibility of expert evidence in federal court published in Litigating the Aviation Case, and a variety of articles on subjects including personal jurisdiction, tort reform, forum non conveniens and removal of Montreal Convention actions. He was the publications chair of DRI’s Aerospace Committee and editor of Skywritings, the Committee’s newsletter, between 2008 and 2011.

Distinctions

• Recognized by Chambers USA for nationwide aviation litigation, 2021-2022*
• Listed among “Leading Aviation Attorneys” by Aviation Expert Guides, 2014-present*
• Winner of the International Advisory Experts Award for “Litigation Lawyer of the Year” in New York, 2017*
• Listed in Who’s Who Legal (Transport: Aviation-Contentious, Transport: Aviation-Regulatory), 2016-2022*
• Named to “New York Super Lawyers” list, 2015-2021*

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Further information on methodologies is available via these links.

Representative Matters

Aviation Law and Litigation

• Lead counsel for defendant in high-profile litigation arising out of crash of aircraft after day of filming on set of major motion picture.
• Lead counsel for charter carrier in wrongful death litigation arising out of crash of aircraft in Bahamas.
• Represented charter carrier in international arbitration under UNCITRAL Arbitration Rules arising out of commercial dispute that resulted in recovery of nearly $8 million for carrier
• Responsible for day-to-day handling of product liability action against major general aviation aircraft manufacturer arising out of crash; drafted motions for summary judgment that led to favorable settlement.
• Lead counsel for major international airline in litigation in New York and Pennsylvania, including actions arising out of alleged liability for parental abduction of child, and for personal injury alleged to have occurred on-board and during embarkation/disembarkation of aircraft.
• Lead counsel for one of world’s largest aviation engine manufacturers during international arbitration over cause of damage to engine.
• Handled trial on behalf of aviation maintenance company; case settled favorably during trial.
• Multiple trials resulting in defense verdict on behalf of major global courier delivery services company.
• Represent various aviation service companies in litigation pending in New York and New Jersey state and federal courts.
• Responsible for day-to-day matters in litigation arising from the 2014 crash of a Gulfstream IV aircraft in Bedford, Massachusetts
• Obtained dismissal in district court of claims for tortious interference with employment and discrimination on the basis of race and ethnicity on behalf of major international air carrier. Handled briefing and oral argument before the Second Circuit.
• Successfully obtained summary judgment that was upheld on appeal to Second Circuit of claims against major international air carrier arising out of foreign government’s confiscation of large amount of currency due to lack of proper Customs documentation. Handled briefing and oral argument before Second Circuit.
• Drafted amicus briefs for world’s largest airline trade association in multiple Federal Circuit Court/Supreme Court appeals.
• Handled all aspects of wrongful death litigation against Fixed-Base Operator arising out of incident involving shipment of cargo dollies that fell onto truck driver.

Product Liability

• Defended overnight package delivery company in wrongful death action arising out of allegedly defective conveyor belt
• Defended airline in action arising out of allegedly defective ground support equipment.
• Responsible for day-to-day handling of litigation against aircraft component manufacturer arising out of the crash of a general aviation aircraft.
• Attended inspections and advised major international manufacturer of electrical equipment with regard to product liability claims
• Assisted with summary judgment briefing in litigation against major manufacturer of golf carts.

Insurance Coverage

• Lead counsel for insurer overseeing coverage litigation in California and Georgia federal courts relating to wrongful death and personal injury litigation arising out of crash after day of filming on major motion picture.
• Go-to-insurance coverage counsel for major aviation insurer.
• Represent insurer in litigation involving continuous trigger and other unsettled issues of insurance coverage law arising out of damage to major construction project.
• Drafted amicus brief submitted to Texas Supreme Court on behalf of Aviation Insurance Association in In re Deepwater Horizon litigation.
• Advised clothing manufacturer and retailer with regard to insurance coverage issues arising out of multiple sexual harassment and discrimination claims

Insurance Defense/Labor Law

• Defend variety of owners and contractors in labor law litigation arising out of construction in New York City.
• Represents insureds in variety of premises liability actions.
• Represent interests of excess insurer in relation to lawsuits with high exposures.
• Defended owner/developer against lawsuits arising out of injuries to laborers during the construction of two buildings at JFK International Airport.
• Defended general contractor against lawsuits arising out of injuries to laborers during construction of movie theater in New York City