Eric C. Strain
Associate

Practice Areas

Experience

Eric Strain is a senior associate who practices in the areas of aviation, product liability and commercial litigation. Eric has more than 10 years of experience representing foreign and domestic clients, including some of the world’s largest aircraft manufacturers, distributors and air carriers, in federal and state courts throughout the United States in all phases of litigation. He also represents clients in National Transportation Safety Board accident investigations.

Eric’s significant courtroom experience includes arguing numerous pretrial motions, many of which have resulted in full or partial dismissals for clients, and he has federal court jury trial and appeal successes. He also represents clients in mediations, and provides regulatory and risk avoidance advice. Eric is a graduate of the 2010 National Trial Academy held at the National Judicial College in Reno, Nevada, sponsored by the American Bar Association and the American Board of Trial Advocates.

Representative Cases

National Union Fire Insur. Co. of Pittsburgh, Pennsylvania v. American Eurocopter Corp., et al., 2009 U.S. Dist. LEXIS 99491 (D. Haw., Oct. 26, 2009). Successfully briefed and argued that helicopter distributor was not subject to personal jurisdiction in Hawaii for a tour helicopter crash on Kauai, resulting in a transfer of the case to a more favorable forum.

Jerpe v. Aérospatiale Helicopter Corporation, United States District Court for the Eastern District of California (September/October 2008). Obtained a complete defense jury verdict for helicopter distributor that was the sole defendant in a wrongful death case arising from a emergency medical services helicopter crash.

Mezaki v. Eurocopter, S.A.S., United States District Court for the District of Arizona (July 2008). Obtained a complete pretrial dismissal of all claims brought against a French aircraft manufacturer and its U.S. distributor who were the sole defendants in a wrongful death case arising from a tour helicopter crash in the Grand Canyon.

Watson v. Société Nationale Industrielle Aérospatiale, United States Court of Appeals for the Ninth Circuit, 225 Fed. Appx. 716, 2007 U.S. App. LEXIS 7246 (9th Cir., Mar. 23, 2007). Successfully argued personal jurisdiction and agency issues to obtain affirmance of District Court’s dismissal of French aircraft manufacturer from wrongful death litigation.

Publications

• “The ‘Nexus’ Requirement for Specific Jurisdiction in Product Liability Cases: What Do Federal Courts Require Before a Forum Can Exercise Specific Jurisdiction Over a Foreign Manufacturer Who Did Not Place the Product Into the Stream of Commerce in the United States,” Product Liability 360, March 2009 (with Hugh Koss and David Tennant)
• “Foreign Sovereign Immunities Act: Assessing the Immunity of Foreign States in U.S. Litigation,” published in the American Bar Association’s The Brief, Fall 2004 (with Hugh Koss and Brooke Gilardi)
• “Recent Developments in Aviation Law,” Southern Methodist University Journal of Air Law and Commerce, Winter 1999 (with Hugh Koss and Michael Rodenbaugh)
• Editor of Nixon Peabody Aviation Law Alert

Presentations

• “The Nexus Requirement for Specific Jurisdiction Over Foreign Aircraft Manufacturers,” Speech Presented at 44th Annual Southern Methodist University Air Law Symposium, February 26, 2010, Dallas, Texas

Admissions

Eric is admitted to practice before the Supreme Courts of California and Washington, the Ninth Circuit Court of Appeals, all of the United States District Courts in California and in the Western District of Washington. He also has had pro hac vice admissions in numerous federal and state courts nationwide.

Education

University of San Francisco School of Law, J.D., cum laude
University of California at Davis, B.A., History, summa cum laude, Phi Beta Kappa

Affiliations

Eric is a member of the California and Washington bar associations.