Recent Developments

In Memoriam
Juanita M. Madole

It is with great sadness that we announce the passing of Juanita M. Madole on July 12, 2023, after a brief battle with cancer. After a successful career with the Department of Justice, Juanita joined Speiser, Krause and Madole where she remained a respected partner in our Washington, D.C.

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Tragedy has again struck in Alaska. On August 5, 2021, there was yet another plane crash of a sight-seeing flight involving cruise ship passengers that docked in Ketchikan, Alaska. The passengers, who were aboard the Holland America ship Nieuw Amsterdam, were on a sightseeing flight operated by Southeast Aviation in a de Havilland Beaver float plane. Early reports indicate that five passengers and the pilot were killed when the aircraft impacted mountainous terrain in poor weather. There were reports of rain and mist in the area with a ceiling of 900 feet.

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The partners at Speiser Krause, including a former Naval aviator, are closely monitoring the mid- air collision that occurred near the Soldotna Airport located in Soldotna, Alaska that tragically killed 7 people on Friday, July 31, 2020. Our firm has significant experience representing victims of mid-air collisions and are presently representing victims from a recent Alaskan mid-air collision that took place near Ketchikan, Alaska on May 13, 2019. We have also been involved in numerous other cases arising from mid-air collisions, including the mid-air collision over the Hudson River, in New York in August 2009.

The mid-air collision involved a de Havilland DHC-2 Beaver aircraft and a single engine Piper PA 12 aircraft. The de Havilland Beaver floatplane is widely used in Alaska and is the same model aircraft that was involved in the mid-air collision near Ketchikan in May 2019.
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On February 7, 2020 the National Transportation Safety Board released its first formal Investigative Update into the Sikorsky S-76B crash that killed eight passengers and the pilot on January 26, 2020.  Parties to the investigation include the operator of the flight, Island Express Helicopters; the Federal Aviation Administration; the airframe manufacturer, Sikorsky Aircraft Corporation; and representatives from the National Air Traffic Controllers Association.  The Transportation Safety Board of Canada (as an accredited representative) and the engine manufacturer Pratt & Whitney Canada (as a technical adviser) are also participating in the investigation.  A copy of the Investigative Update can be found here. 

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The National Transportation Safety Board (“NTSB”) released its preliminary findings regarding its continuing investigation into the Boeing B17 crash that occurred on October 2, 2019 at Bradley International Airport located in Windsor Locks, Connecticut.  This is the first of three reports that the NTSB will issue in connection with its accident investigation.  The second and third reports, known as the Factual Report and Final (or Probable Cause) Report, will likely not be issued for at least another 18 months.

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On Wednesday, October 2, 2019 at approximately 10:00 a.m. a vintage Boeing B-17G Flying Fortress World War II era aircraft crashed at the Bradley International Airport located in Windsor Locks, Connecticut, killing 5 passengers and 2 crew members.  5 other passengers and the flight engineer were seriously injured, as was a ground based airport worker.
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On May 13, 2019, two de Havilland sightseeing float planes collided in mid-air near Ketchikan, Alaska as they were touring Alaska’s Misty Fjords National Monument which is part of Tongass National Forest.  Six people died as a result of the collision and 10 people have been admitted to hospitals with significant injuries.  The float planes were carrying passengers from the cruise ship Royal Princess operated by Princess Cruises.  The larger of the two aircraft, a de Havilland DHC-3, Federal Aviation Administration (“FAA”) Registration Number N959PA, commonly referred to as a de Havilland Otter, was carrying 10 passengers and a pilot.  The aircraft was operated by Venture Travel LLC doing business as Taquan Air, a sightseeing air tour operator that operates in an around Ketchikan, and owned by Pantechnicon Aviation, Ltd.
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In the wake of the crashes of Ethiopian Airlines Flight 302 and Lion Air Flight 610, the United States Department of Justice has opened a potential criminal investigation concerning the manner in which the fleet of Boeing 737-8 and 737-9 Max aircraft (the “737 Max aircraft”) was certified.  On Monday, April 1, 2019, a federal grand jury served a subpoena on a former Boeing flight control engineer seeking all documentation related to the 737 Max aircraft.  This was at least the second federal grand jury subpoena issued in the context of the criminal probe. 

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On Wednesday, March 13, 2019, the United States and Canada each issued emergency orders grounding the fleet of Boeing 737-8 and 737-9 Max aircraft (the “737 Max aircraft”).  A copy of the FAA’s Emergency Order can be found here.  The emergency order permits those aircraft currently in the air to proceed to landing at their intended destinations but once the aircraft has landed, they will not be allowed to engage in further flight until aviation authorities lift the emergency orders.  The air carrier, however, may apply for non-passenger special ferry flight permits to move the aircraft for storage, modification, testing or maintenance.

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In the aftermath of the crash of Ethiopian Airlines Flight 302, numerous aviation authorities throughout the world have called into question the safety of the 737 Max 8 model aircraft.  Although the Federal Aviation Administration and The Boeing Company have issued statements attesting to the aircraft’s safety, foreign aviation authorities are justifiably concerned that the crash of Ethiopian Flight 302 and Lion Air Flight 610 share a common causal connection.  As a result, various foreign countries, and airlines, have grounded the 737 Max 8 fleet until more information is known regarding the causes of each crash.  China, Singapore, Australia, Malaysia, India and the European Union have each banned the 737 Max 8 aircraft from operating within its borders or airspace.  A copy of the Emergency Airworthiness Directive issued by the European Union prohibiting the 737 Max 8 aircraft from operating in Europe can be found here.  In fact, the only two governments continuing to allow the aircraft to operate within their borders or airspace are the United States and Canada.

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Indonesian authorities released a preliminary report regarding their findings into the crash of Lion Air Flight 610.  As mentioned in prior posts, early reports indicated that accident investigators were focusing on the aircraft’s new Maneuvering Characteristics Augmentation System (M.C.A.S.) which is an automated system designed to prevent the aircraft from entering an aerodynamic stall.  The preliminary report confirmed that this was the investigators’ focus, although the report stated that it was still too early to identify a specific cause for the crash.

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