Transportation Industry

Our attorneys represent a variety of transportation companies, including motor vehicle manufacturers and distributors, railroad companies, and aviation companies.

We handle matters, including product liability claims, subrogated property damage claims, breach of warranty and "lemon law" claims, consumer sales practices and fraud claims, "lemon laundering" litigation, dealer protest cases, wrongful death suits, financing, and patent and trademark infringement litigation. The firm handles cases for clients throughout the country.

In our experience, the key to effectively handling the majority of these cases is conducting an early evaluation of the matter. As a result, we place an emphasis on conducting a thorough and efficient investigation and evaluation of the case within the first 30 days of receiving the new matter. By placing an emphasis on an evaluation, our attorneys are able to maximize the benefits to clients, including achieving many favorable settlements, prevailing on a number of dispositive motions and obtaining outstanding results at a number of trials throughout the country.  We also offer a  creative and innovative alternative fee structures for much of this work, which provide significant cost certainty and efficiency for our clients.

Additionally, our attorneys handle a variety of financing transactions, ranging from transit authorities to airports. We understand the financial climate surrounding transportation projects continues to evolve, and we devise strategies for our clients to help them meet their needs efficiently and cost-effectively.

Our experience includes serving as both bond counsel and underwriters’ counsel to The Turnpike Authority in Kentucky, where we have participated on more than $2 billion worth of transactions. We also have approved in excess of $300 million of obligations for the Greater Cleveland Regional Transit Authority, and even structured a voluntary intercept of sales tax revenue to improve bond ratings. Additionally, we have served as bond counsel, disclosure counsel or underwriter's counsel in financings for airports including the Blue Grass Airport (Kentucky), Cincinnati/Northern Kentucky International Airport, Dayton International Airport (Ohio), Denver International Airport (Colorado), and Port Columbus International Airport (Ohio).

Motor Vehicles

We represent motor vehicle manufacturers and distributors in individual and class action cases for litigation matters, including product liability claims, subrogated property damage claims, breach of warranty and "lemon law" claims, consumer sales practices and fraud claims, "lemon laundering" litigation, dealer protest cases, wrongful death suits, financing, and patent and trademark infringement litigation.  Our experience covers motor vehicle products, including automobiles, motorcycles, ATVs, RVs, heavy trucks, conversion vans, boats and other marine products.

Additionally, we represent motor vehicle manufacturers and distributors in business transactions.  Many business transactions have significant tax implications, and our group counsels clients to help them achieve tax advantages and comply with state, federal and local tax laws in order to minimize any necessary tax costs associated with such transactions. Our attorneys analyze corporate mergers, reorganizations, acquisitions and divestitures in order to provide a value-added service by counseling clients in the most tax-efficient way to structure and consummate a transaction. We recognize that in this competitive marketplace tax minimization is both a professional and personal necessity. Our attorneys partner with our clients to minimize their effective tax rates.

Our team also assists clients with compliance matters, including representation before the Internal Revenue Service and various state and local tax agencies. Our attorneys have represented clients in more than 30 states before such administrative agencies and handle all aspects of corporate franchise, income, personal property, real property, and sales and use tax matters. We assist clients in the negotiation of various state and local tax incentives for the relocation or expansion of their facilities.

Aviation

We represent clients in administrative hearings, FAA enforcement actions and civil litigation. Our attorneys practice before the National Transportation Safety Board, administrative law judges and both federal and state courts throughout the United States. We frequently address industry gatherings and seminars including the NTSB Bar Association, the National Business Aircraft Association, the Aviation Insurance Association, EAA, and the Organization of Flying Adjusters.

Our administrative practice includes the representation of all persons who hold FAA certificates, including pilots, mechanics, certificated air carriers and repair stations accused of violations of FAA regulations. Our civil litigation practice involves the investigation and representation of aircraft owners, lessors, pilots, maintenance personnel, and manufacturers of aircraft parts and components involved in accidents resulting in property damage and personal injury claims, including wrongful death. We have worked extensively with a number of aviation insurance companies representing their insureds in all types of actions.

We also represent individual and corporate clients in the purchase and sale of aircraft, the leasing of aircraft, and fractional share ownership agreements.

Railroad

Our attorneys have experience in all aspect of railroad law, including litigation and regulatory matters. We represent a major rail operators, as well as railroad contractors and suppliers in a variety of regulatory and litigation matters.

Our experience includes: 

  • Defending claims involving track construction and maintenance, including claims involving federal track construction and maintenance requirements of the Federal Railroad Administration’s Track Safety Standards contained in 49 C.F.R. Part 213;
  • Advising on regulatory matters, including representing state and local governments in interactions with the FRA in the construction and operation of regional light rail systems;
  • Advising on real estate issues, including eminent domain, land acquisition and environmental matters;
  • Advising clients in litigation under the Federal Employers’ Liability Act, including individual and cumulative trauma cases, as well as grade-crossing litigation and claims by trespassers injured on railroad property;
  • Defending against employee claims related to exposures to asbestos, dusts and other inhaled irritants, diesel fumes and solvents, as well as handling claims of repetitive stress injuries, including carpal tunnel syndrome;
  • Advising on compliance with the requirements of the Federal Railroad Safety Act, 49 U.S.C. § 20101; and
  • Counseling railroads and rail contractors in labor and employment matters, including matters under the Railway Labor Act and the anti-retaliation provisions of 49 C.F.R. § 20109.