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Birmingham Bar Association Bulletin - Fall 2013

Litigation department of Nashville fi rm Waller was recognized in the 2013 edition of Chambers USA’s “Leaders in Th eir Field.” Larry Childs William W. Horton, an attorney with Johnston Barton Proctor & Rose LLP was a featured speaker at the American Health Lawyers Association’s 2013 Annual Meeting in June 2013 . Mr. Horton presented a session entitled “Healthcare Provider M&A 2013: Th e Mania Continues.” G In The News Attorneys In Th e News Four attorneys with Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, including Birmingham shareholder David A. Larsen, have been named “IP David A. Larsen Stars” in the 2013 edition of Managing Intellectual Property’s IP Handbook. Burr & Forman LLP is pleased to announce that Ed Hardin, counsel in the Birmingham offi ce, has been elected as vice president of the Southeastern Chapter of the American Board of Trial Advocates (SEABOTA), putting him in line to serve as president of the organization in 2015. Ten Adams and Reese, LLP attorneys were selected as Alabama Super Lawyers for 2013 – Richard Carmody, Robert Eckinger, Ann Huckstep, David Johnson, Laurence McDuff , Anil Mujumdar, Charles Pinckney, Stephen Rowe, Henry Simpson (deceased) and Stephen Walsh. Five fi rm attorneys were selected for Alabama Rising Stars 2013 – David Bowsher, Britton Bonner, Jeff rey DeArman, Aaron McLeod and April Smith. Larry Childs, Birmingham partner in the Ed Hardin William W. Horton IN THE EVENT OF A WATER LANDING… Written By J. Adam Clayton With the opening of the new terminal and continued expansion at the Birmingham-Shuttlesworth International Airport, access to the “friendly skies” has never been easier. The demand for international air travel has been increasing year after year with no indication it will be slowing any time soon. While the vast majority of flights originating and terminating in Birmingham are domestic, more and more individuals are using the Birmingham Airport as their starting point for international travel. This is becoming even more common as the traditionally domestic carriers are adding international routes or pairing flights with codeshare partners. So what does this mean for those unfortunate individuals who sustain injuries on an international flight? When people think of “airline injuries,” images of catastrophic air disasters come to mind. Such incidents are relatively rare; however, other air-related injuries are more common. The typical example is a passenger injured by baggage that falls from an overhead bin or a beverage cart that was improperly secured. As it relates to international air travel, the Montreal Convention (1999) amended certain provisions of the antiquated Warsaw Convention (1929) and provided a much-need modernization of the rules relating to injuries sustained onboard an aircraft. An injured party can now elect to bring a claim in their country of permanent residence rather than in the country in which the airline maintains its principal place of business. These claims must be brought within two years from the date the aircraft arrived at its destination or the date on which the aircraft was expected to arrive at its destination. Claims for bodily injury or death falling under a specified threshold amount are treated much like a worker’s compensation claim. Claimants only have to prove they were injured as a result of an aircraft “accident” and need not prove any negligence on the part of the air carrier. The threshold amount is currently 113,100 Special Drawing Rights (a claim to currency set by the International Monetary Fund), which equals approximately US$172,000. Claims exceeding this threshold amount require the claimant to make some showing of negligence or other such wrongful act or omission on the part of the carrier, its agents or servants. Although claims for airline related injuries still might be complex in nature, the provisions adopted by the Montreal Convention at least afford aggrieved passengers with uniform procedures for bringing their claims. 42 Birmingham Bar Association


Birmingham Bar Association Bulletin - Fall 2013
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