Ellen Nudelman Adler

Scored a defense verdict for Alaska Airlines in a case brought by a group of first-class passengers who were removed from Alaska Airlines Flight 694 on September 20, 2003. The flight was headed from Vancouver, British Columbia, to Las Vegas but diverted to Reno in order to remove the passengers. We obtained summary judgment of several claims based on the Warsaw Convention, but the remaining claims proceeded to trial. After a three-week trial, the jury of seven returned a unanimous defense verdict on all counts.

Serving as national counsel in numerous cases filed around the United States, alleging side effects from heparin-induced thrombocytopenia (“HIT”). Our client is the largest manufacturer of heparin, a prescription injectable blood coagulant often used in hemodialysis and cardiac invasive procedures.

Advised a luxury, high-performance eyewear manufacturer on the use of warning labels and instruction manuals for its sunglasses, 3D eyewear, and Hydro Pens.

Advised client regarding proper testing, standards, safety standards, warning labels and age requirements for plush toys in U.S., and whether product constituted a children's product under CPSIA.

Serving as national coordinating counsel for Cessna Aircraft Company in individual personal injury and wrongful death cases pending in various jurisdictions in the United States arising from accidents involving Cessna Caravan 208 aircraft flown in alleged icing conditions. (Ongoing)

Represented Cessna Aircraft Company  in the crash of a Cessna Citation 560 at Van Nuys Airport in Los Angeles.  The nose baggage door came open on rotation and the pilot crashed while attempting to return to the airport.  The two pilots aboard were killed.  The cases settled for nominal amounts against Cessna and plaintiffs proceeded to trial against the codefendant.

Represented the County of San Diego in six consolidated cases in federal court in San Diego arising from the crash of a Cessna Citation 5 jet.  The accident occurred during an aborted landing at Palomar Airport in Carlsbad, California, resulting in the death of both pilots and two passengers.  Our motion for summary judgment was granted, applying federal preemption to the airport design claims.  The decision was one of the most notable and unprecedented rulings in an aviation case in 2008 because of the application of preemption.  The cases were dismissed with prejudice, and plaintiffs and codefendants waived their rights of appeal.

Represented SKF USA Inc., a bearing manufacturer, in two cases arising from a K-Max helicopter crash on March 17, 2006, during logging operations in Dayville, Oregon.  One case involved the wrongful death claims brought by the heirs of the helicopter pilot, Kenneth Graves. The second case involved a hull loss claim brought by the helicopter operator, Grizzly Mountain Aviation.  The K-Max helicopters are designed specifically for heavy-lift logging operations.  The two cases were consolidated in Nueces County, Texas.  After filing a motion for summary judgment, we obtained a nuisance value settlement for SKF USA. (2010)

Defended class action litigation involving claims brought pursuant to California's Health and Safety Code, CLRA, and Unfair Competition Law, as well as claims of fraud and misrepresentation. Resolved the case in mediation, achieving a favorable result for the client.

Advised client (licensor) regarding revisions to licensing agreement to address product liability concerns regarding placement of trademarks on children's products. Also advised client on strategies and plans to protect brand and screen suppliers and manufacturers of branded products.

Advised client regarding proper testing, standards, and safety standards for drills in various U.S. jurisdictions.

Represented Honeywell International Inc. in a lawsuit involving a mid-air collision between a Boeing 737-800, operated as Gol Airlines Flight 1907, and an Embraer Legacy 600, operated by ExcelAire Services, over the Amazon jungle, Brazil, on September 29, 2006. The accident resulted in the deaths of 154 passengers and crewmembers. Cases were brought in seven different districts, and we were successful in obtaining consolidation of the cases for MDL treatment in the Eastern District of New York. In late July 2008, the motion to dismiss the cases to Brazil for forum non conveniens was granted. The Brazilian carrier is settling the cases with claimants in Brazil. On appeal, the District Court's dismissal of the consolidated actions was affirmed by the Second Circuit. A four week international arbitration conducted in London under the law of England and Wales before a three member tribunal then followed to apportion liability for the accident among certain defendants. The arbitration resulted in a finding Honeywell was without fault for the accident and an award of costs against certain defendants in favor of Honeywell.

Represented Cessna Aircraft Company in a crash of a Cessna 208B near Oak Glen, CA on March 28, 2006.  The plaintiff's initial settlement demand sought hundreds of millions in damages. Several attempts to mediate the case to a settlement before trial were not successful. Ten days before trial, Cessna made a statutory offer to compromise, which was rejected. Trial commenced on October 5, 2009.  After a six week trial, the jury returned a defense verdict on November 12, 2009 finding that the decedent was solely responsible for causing the accident.

Obtained summary judgment based on the government contract defense for Honeywell International Inc. in litigation arising from the crash of an Army special operations Chinook in Afghanistan on February 17, 2007.  Eight people died and 14 were injured when the special operations Chinook crashed while returning from a mission pursuing a member of Al Qaeda.  In August 2011, the Ninth Circuit affirmed the decision ruling that Honeywell and the other government contractor defendants were not liable for the crash.

Represented Piper Aircraft in a wrongful death case filed in the Central District of California arising from the crash of a Seneca V on November 6, 2005, in Tomball, Texas.  The crash resulted in two deaths.  Despite the National Transportation Safety Board’s conclusion that the crash was the result of pilot error, the decedents’ family members sued, alleging engine failure.  We persuaded plaintiffs to dismiss the action against Piper for a waiver of costs.

Represented Alaska Airlines in 39 consolidated cases arising out of an in-flight decompressurization of Alaska Flight 536. The cases were filed in the U.S. District Court for the Central District of California. The cases all settled before liability discovery commenced. Alaska’s independent baggage handling company acknowledged responsibility for the incident and funded all settlements at no cost to Alaska Airlines.

Represented Honeywell International Inc. in litigation arising from the crash of a U.S. Army Apache Longbow Helicopter near Tikrit, Iraq, on August 14, 2003. The accident resulted in serious spinal and other injuries to the two crew members. The cases were filed in Los Angeles Superior Court and successfully removed to the U.S. District Court for the Central District of California.  Extensive discovery, expert witness development, and motion practice led to the settlement of cases by all defendants in early 2007.  After the settlement, we obtained full reimbursement, including attorneys' fees, from the predecessor corporation in late 2008.

Representing Honeywell International Inc. in a lawsuit arising out of the crash of a Boeing 737-300, operated as Flash Airlines Flight 604, into the Red Sea off Sharm-El Sheikh, Egypt, on January 3, 2004.  The accident resulted in the deaths of 148 passengers and crew. Cases were initially filed in the U.S. District Court for the Central District of California by some of the decedents' estates.  Along with co-counsel for Boeing, our firm was successful in having the case dismissed on grounds of forum non conveniens in favor of a French forum.  Approximately 600 plaintiffs then filed actions in a French trial court in Bobigny seeking compensation for the deaths of approximately 130 decedents.  Plaintiffs' challenges to the jurisdiction of the French courts, including an appeal to the French supreme court, have been unsuccessful.