Brian C. Dalrymple

My focus

I currently serve as national and international litigation defense counsel for aircraft and helicopter type certificate holders in connection with foreign and domestic accident investigations, regulatory investigations, wrongful death, personal injury and property damage suits in the United States and Canada.

I have also represented FAR Part 135 and Part 121 regional, domestic and international airlines; cargo airlines and freight forwarders; aircraft avionics and component part manufacturers; FAR Part 145 aviation maintenance and repair facilities; international airports; fixed base operators; and aircraft equipment and finance entities.

I have counseled clients in more than 100 National Transportation Safety Board accident investigations and in a number of high-profile NTSB Public Hearings and FAA enforcement actions. I have also represented clients before the Federal Aviation Administration in connection with regulatory matters and HAZMAT issues.

I am an FAA-licensed Airline Transport Pilot and a Certified Flight and Ground Instructor with ratings for single (CFI) and multiengine aircraft (MEI) as well as instrument aircraft (CFII). I have accumulated in excess of 6,000 hours of flight time in a variety of aircraft ranging from single-engine trainers to multiengine turboprop and jet aircraft.

Representative experience

Brian and Nixon Peabody's aviation practice group have represented clients in many significant matters including:

• McCaleb v. Daher-Socata et al., Seventeenth Judicial Circuit of Florida in Broward County. Secured a unanimous defense verdict in Broward County, Florida, state court for French aircraft company Daher-Socata, a case that was featured as #4 in CVN’s Top 10 Most Impressive Defense Verdicts of 2018. After a three-week trial, the jury agreed that pilot error caused the crash of the single-engine TBM 850, and that the plane is safe and free of any defect.
• Defense counsel for Avions de Transport Régional (ATR) in connection with the CTSB investigation and litigation arising from the December 13, 2017 accident of West Wind Aviation’s Flight #280 at Fond-du-Lac, Saskatchewan, Canada.
• Defense counsel for Avions de Transport Régional (ATR) in connection with hull subrogation litigation arising from the March 9, 2014, landing accident of Calm Air International’s Flight MO515 at Churchill, Manitoba.
• Defense counsel for Avions de Transport Régional (ATR) in connection with the October 16, 2013, crash of Lao Airlines at Kone Kho Island, Mekong River, Pakse, Laos. Obtained complete dismissal on personal jurisdiction grounds.
• Defense counsel for Reno-Tahoe Airport Authority in connection with the NTSB investigation and claims arising from the Reno Air Races accident on September 16, 2011, involving the modified P-51D Mustang “Galloping Ghost.”
• Defense counsel for Avions de Transport Régional (ATR) in connection with the November 5, 2010, crash of Aero Caribbean S.A. Flight # 883 near Guasimal in Sancti Spiritus Province, Cuba. Obtained complete dismissal on personal jurisdiction grounds. Martinez v. Aero Caribbean, 764 F.3d 1062, 1069-70 (9th Cir. 2014), cert. denied, 135 S. Ct. 2310 (2015).
• Defense counsel for ATR in connection with the September 14, 2010, crash of Conviasa Airlines Flight #2350 at Puerto Ordaz, Venezuela.
• Defense counsel for Global Exec Aviation in connection with the NTSB investigation and litigation arising from the September 19, 2008, fatal accident of a Learjet Model 60 business jet involving Travis Barker and Adam Goldstein AKA DJ AM.
• Defense counsel for EADS and ATR in connection with U.S. litigation arising from the February 21, 2008, crash of Santa Barbara Airlines Flight #518 at Merida, Venezuela.
• Defense counsel for ATR in connection with the NTSB investigation and public hearing arising from the January 27, 2009, accident involving Empire Airlines Flight #8284 at Lubbock, Texas.
• Defense counsel for Lockheed Martin in connection with the U.S. litigation, ultimately dismissed on forum non conveniens grounds, arising from the September 29, 2006, mid-air collision involving Gol Trasportes Aereos and an Embraer Legacy business jet.
• Defense counsel for USAirways in connection with class action litigation arising from alleged improper ticketing.
• Defense counsel for Cummins, Inc., in connection with the NTSB investigation and litigation arising from the October 2, 2005, capsizing and sinking of the MV Ethan Allen at Lake George, New York.
• Defense counsel for Harsco in connection with the NTSB investigation arising from the September 23, 2005, Hurricane Rita bus accident/fire near Wilmer, Texas.
• Defense counsel for ATR in connection with litigation arising from the May 9, 2004, serious landing accident of Executive Airlines/American Eagle Flight #5401 at San Juan, Puerto Rico.
• Defense counsel for Swiss Re in connection with 911 litigation.
• Defense counsel for EADS/Aerospatiale in connection with U.S. litigation arising from the July 25, 2000, crash of the Air France Concorde at Gonesse, France.
• Defense counsel for CNF, Emery Worldwide Airlines, and Emery Air Freight in connection with the NTSB investigation, public hearing, wrongful death and commercial litigation arising from the February 16, 2000, crash of Emery Flight #17 at Sacramento, California, and the subsequent dissolution of the airline.
• Counsel for Comair, Inc., in connection with litigation arising from the January 9, 1997, crash of Comair Flight #3272.
• Defense counsel for ATR in connection with the NTSB investigation, public hearing, and multi-district litigation arising from the October 1994 crash of American Eagle Flight #4184 near Roselawn, Indiana.
• Defense counsel for Air France in connection with litigation arising from the September 12, 1993, serious landing accident of Air France Flight #AF072 at Papeete, Tahiti.
• Defense counsel for Oakland International Airport and Port of Oakland in connection with the NTSB investigation and litigation arising from mid-air collision on March 31, 1987 (prior to joining Nixon Peabody LLP).
• Defense counsel for FBO in connection with litigation arising from Galaxy Airlines Lockheed Elecktra crash on January 21, 1985, at Reno, Nevada (prior to joining Nixon Peabody LLP).

Representative Clients

Brian has had the privilege of representing many clients including: Aerospatiale; AFA (CAMAT); AIG Aviation, Air France; Alenia/Finmeccanica S.p.A.; Aloha Airlines; American Eurocopter Corporation; Atlantic Southeast Airlines; ATA; Avions de Transport Regional (ATR); Avidyne; Avsco/Barfield; AXA; Caesar's Entertainment; Chartis Aerospace; CNF, Inc.; Comair, Inc.; Cummins, Inc.; Cummins Mercruiser; Cytec Industries, Inc.; Diamond Aircraft; EADS Astrium; Emery Worldwide Airlines; Eurocopter France, Germany and Canada; Francis Ford Coppola Presents; Gannett, Inc.; Global Exec Aviation; Harsco; Halliburton; Hawaiian Airlines; Helicopteres Guimbal; Icon Aircraft; Jack Daniels/Brown-Forman; La Reunion Aerienne; Lachish Industries LTD; Learjet, Inc.; Liberty Aerospace; Lockheed Martin; Monterey Airport; Oakland International Airport; Marmalade Skies, Inc.; MGM, Inc.; Park Place Entertainment; Philippine Airlines; Raley's; Rowe Industries; Saab; San Francisco International Airport; SkyWest, Inc.; SkyWest Airlines; Schweizer Aircraft Corporation; Socata; Starwood Hotels; Swiss Re; Toyota; Underwriters at Lloyd's; USAirways; USAIG (U.S. Aircraft Insurance Group); USAU (U.S. Aviation Underwriters) and Zenith Insurance Company.

Looking ahead

I am currently monitoring the FAA’s proposed changes to FAR Part 23 certification requirements and how such change will affect foreign type certificate holders under applicable bilateral airworthiness agreements.

Insights

• Guest lecturer, The Electronic Courtroom. American Bar Association 2021 TIPS/ABOTA National Trial Academy at The National Judicial College, Reno, Nevada. September 20, 2021.
• Program Co-Chair and Panel Moderator. American Conference Institute’s 8th Annual Forum on Defending and Managing Aviation Claims & Litigation, New York, New York, June 27–28, 2016.
• Program Co-Chair. American Conference Institute’s 7th Annual Forum on Defending and Managing Aviation Claims & Litigation, New York, New York, June 1–2, 2015. Panel Moderator, “The View From the Airline Carriers and Manufacturers on Managing Costs, Case Evaluation, Litigation Management; Responding to Enhanced Regulation and Enforcement; Compliance Strategies; Selecting and Retaining Law Firms and Distribution of Legal Spend in Today’s Environment.”
• Program Co-Chair. American Conference Institute’s 6th Annual Forum on Defending and Managing Aviation Claims & Litigation, Chicago, IL, May 19–20, 2014.  Panel Moderator, “Aviation Insurance Roundtable: Views from Counsel, Claims Professionals, and Others on Recent Trends Affecting Aviation Insurance.”
• Editor, Nixon Peabody Aviation Law Alert, 2003–2011.
• NTSB Bar Association Regional Vice President, Western Pacific Region, 2007–2010.
• Co-Chair, American Bar Association, Aviation Litigation Section, 2007–2008
• Vice-Chair, Aviation and Space Law Committee, Tort Trial and Insurance Practice Section, American Bar Association, 2004–2010.
• Chair, Technology Subcommittee, Aviation and Space Law Committee, Tort Trial and Insurance Practice Section, American Bar Association, 2008–2010.
• Co-Editor, Aviation & Space Law Committee Newsletter, Tort and Insurance Practice Section, American Bar Association; Aviation Litigation Committee of the Section of Litigation, American Bar Association, 2004–2006.
• Program Committee Chair, National Transportation Safety Board Bar Association, 2004–2006.
• Panel Moderator, “The Insurance View: Brokers, Carriers, Underwriters, Adjusters and Others Speak Out on Risk Management, Claims and Coverage, Valuation and Recent Trends Affecting Aviation Insurance,” American Conference Institute’s 5th National Forum on Defending and Managing Aviation Claims & Litigation, Chicago, IL, May 29–30, 2013.
• Panel Moderator/Speaker, Chain of Custody Issues and Wreckage Control for Litigating Parties: 2012 International Air & Transportation Safety Bar Association Conference, December 5–7, 2012, Washington, DC.
• Panel Moderator, “General Counsel Panel Discussion on Managing Litigation,” American Conference Institute’s 2nd Annual Forum on Defending and Managing Aviation Litigation, Boston, MA, June 22–23, 2010.
• Panel Moderator, “In-House Counsel and Claims Officer Think Tank on Managing Litigation, Containing Costs, and Formulating Defense Strategy.” Co-Moderator for three separate panels, “The Manufacturers, The Carriers and The Insurers.” American Conference Institute’s Aviation Litigation Conference, Boston, MA, June 23-24, 2009.
• Speaker and Panelist, “Electronic Data Discovery—What Can I Expect To Happen In My Case?” American Bar Association, Tort Trial & Insurance Practice Section, Aviation & Space Law Committee, “Aviation and Space Law Litigation National Program,” Washington, DC, October 16–17, 2008.
• Speaker, “Foreign Aircraft Accidents Litigated in the US: Foreign Non Conveniens and Aircraft Lessor Liability Issues,” Presentation to International Aerospace Insurance Services, Inc., and Arch Insurance Group at Santa Barbara, California, September 10, 2008.
• Speaker and Panelist, “Airport Infrastructure and the Aviation Industry: Tackling the Legal Issues;” “The Legal and Risk Management Implications of FAA Advisory Circular 150/5200-37 (Introduction To Safety Management Systems (SMS) For Airport Operators) on FAR Part 139 Certificated Airports.” Inter-Pacific Bar Association 18th Annual Conference, “Many Borders. One World.” April 27–30, 2008, Los Angeles, California.
• Speaker, “Large Truck and Motor Coach Accident Investigations: A Case Study of the NTSB’s Investigation of the Motor Coach Fire on Interstate 45 During The Hurricane Rita Evacuation Near Wilmer, Texas, September 23, 2005,” Defense Research Institute (“DRI”) Conference, “Strictly Automotive: Cutting Edge Issues In Automotive Product Liability Litigation,” September 6–7, 2007, Hotel del Coronado, San Diego, California.
• Coauthor, “Demonstrative Evidence in Aviation Cases,” Chapter in Litigating the Aviation Cases, 3d ed., American Bar Association, Tort and Insurance Practice Section, Brian Dalrymple and Raymond L. Mariani, 2007.
• Speaker and Panelist, “Behind the Scene of this Year's New Developments in Aviation Litigation,” General Aviation Revitalization Act (GARA) Update, American Bar Association Section of Litigation, Aviation Litigation CLE Seminar, June 1, 2007, New York, NY.
• Speaker, “FAR Part 139 Airport Risk Management Issues—The Anatomy of a National Transportation Safety Board Investigation,” Airports Council International-North America, Insurance & Risk Management Conference, “Preparing for New Challenges and Market Changes,” Las Vegas, Nevada, January 11–12, 2007.
• Speaker, “Electronic IT Litigation,” National Transportation Safety Board Bar Association Blue Angels Aviation Law Seminar, Pensacola Beach, Florida, November 7–11, 2006.
• Panel Moderator, “NTSB Investigations: We’re from the Government and We’re Here to Help,” (with Gary Halbert, NTSB General Counsel, and Peter Goelz, former NTSB Managing Director), American Bar Association Annual Air & Space Law TIPS Conference, “On the Horizon: Securing Safety, Insuring Fully and Litigating Fairly—Part II,” Washington, DC, October 26–27, 2006.
• Speaker, “Corporate Aviation Accident Investigations,” Marsh Aviation Safety Seminar, Oakland International Airport, September 26, 2006.
• Speaker, Aviation Industry Forum: Accident Response Workshop, Ohio State University Airport, Columbus, Ohio Department of Transportation, August 1, 2006.
• Coauthor, “Ninth Circuit Further Interprets GARA, Statute of Repose, Confirms its Application to Foreign Manufacturers,” NTSB Bar Association Newsletter, Summer 2006 (with Paul Stinson of Nixon Peabody).
• Speaker, “E-Discovery: Electronic Discovery and Litigation Readiness,” presentation to various Aviation Insurers and Underwriters at Lloyds of London, March 8, 2006.
• Panel Moderator, “E-Discovery: Is the Sky Falling or is E-Discovery Manageable?” American Bar Association Annual Air & Space Law TIPS Conference, “On the Horizon: Securing Safety, Insuring Fully and Litigating Fairly,” Washington, DC, November 9–11, 2005.
• Speaker, “Emergency Planning—Are You Ready?” 47th Annual Conference of the Northeast Chapter of the American Association of Airport Executives (NEC/AAAE), Newport, Rhode Island, August 29, 2005.
• Program Chair and Organizer, National Transportation Safety Board Bar Association Conference, “Aviation and Other Related NTSB Transportation Investigations and Legal Issues,” Washington, DC; Panel Moderator, “Litigating a Foreign Aircraft Accident in the United States,” June 6–8, 2005.
• Commissioner, Marin County Aviation Commission, 2005–2007.
• Speaker and Panelist, Marsh Aviation Accident Investigation & Ground Safety Workshop, Lowe’s Motor Speedway, Concord, North Carolina, March 16, 2005.
• Author, “General Aviation Revitalization Act (‘GARA’) Update—2004,” Aviation & Space Law Committee Newsletter, Fall 2004.
• Panelist, “Discovery Issues in Aviation Cases,” American Bar Association Annual Air & Space Law TIPS Conference, Practical Views from the Cockpit to the Courtroom, Washington, DC, October 21–22, 2004.
• Coauthor, “Electronic Discovery—What You Need to Know and What It May Cost If You Don’t” (with Dan Harshman, counsel, Nixon Peabody LLP); presented at the American Bar Association Annual Air & Space Law TIPS Conference, Practical Views from the Cockpit to the Courtroom, Washington, DC, October 21–22, 2004.
• Speaker, “U.S. Punitive Damages Law and the United States Supreme Court’s Decision in Campbell v. State Farm Automobile Association,” Center for International Legal Studies Conference, Negligence and Damages in an International Setting, Salzburg, Austria, September 24–25, 2004.
• Speaker, “U.S. Punitive Damages Law—Procedural and Substantive Constitutional Limitations,” German-American Lawyers Association (Deutsch-Amerikanische Juristen-Vereinigung e. V.), Munich, Germany, September 22, 2004.
• Speaker, “Corporate Flight Department Risk Management Issues,” Arizona Business Aviation Association, August 10, 2004, Scottsdale, Arizona.
• Speaker, “Aviation Product Liability Prevention and Product Integrity,” presentation to various Lloyds Aviation Insurers at Marsh, London, May 19, 2004.
• Speaker, “State Farm Automobile Insurance Co. v. Campbell—An Update on Punitive Damages Law,” Thirty-Eighth Annual Southern Methodist University Air Law Symposium, Dallas, Texas, February 26–27, 2004.
• Author, “Punitive Damages after the Supreme Court’s Decision in State Farm Automobile Insurance Co. v. Campbell,” Thirty-Eighth Annual Southern Methodist University Air Law Symposium, Dallas, Texas, January 2004.
• Program Co-Chair and Organizer, American Bar Association Annual Air & Space Law TIPS Conference, “From Kitty Hawk to the Future; The ABA Celebrates 100 Years of Flight,” Washington, DC, October 16–17, 2003.
• Program Co-Chair and Speaker, “The National Transportation Safety Board Investigation Process and Warning Signs of a NTSB Investigation Gone Awry—What Can Your Company Do?” Marsh Aviation Accident Investigation Workshop, San Francisco, California, July 16, 2002.
• Author, “Anatomy of a National Transportation Safety Board Accident Investigation,” Risk Management Seminar presentation, June 2002.
• Author, “National Transportation Safety Board Accident Investigations—How to Protect Your Company—Warning Signs,” Risk Management Seminar presentation, June 2002.
• Author, “Obtaining Evidence under the National Transportation Safety Board’s Regulations,” January 2001.
• Author, “The Sky’s the Limit—Aviation Products Liability/Product Integrity,” Risk Management Seminar presentation, April 2000.
• Speaker, “The Sky’s the Limit—Aviation Products Liability,” Marsh Aviation Aerospace Component Manufacturers Seminar, Morristown, New Jersey, April 11, 2000.
• Speaker, “1998 Amendments to Title 49 Part 835,” Thirty-Fourth Annual Southern Methodist University Air Law Symposium, Dallas, Texas, February 24–25, 2000.
• Author, “1998 Amendments to Title 49 Part 835,” Thirty-Fourth Annual Southern Methodist University Air Law Symposium, Dallas, Texas, October 1999.
• Speaker, “The Corporation and the Aviation Accident Investigation,” Marsh Aviation Corporate Aviation Accident Response Seminar, Manhattan Beach, California, September 28, 1999.
• Author, “Aviation Accident Response Recommendations,” Risk Management Seminar presentation, September 1999.