U.S. Department of Justice

Civil Division, Torts Branch

Aviation & Admiralty Litigation

P.O. Box 14271

Washington, DC 20044-4271

Tel: (202) 616-4100

Fax: (202) 616-4002

 

 

Director: Peter F. Frost



BACKGROUND

 

         A substantial amount of the litigation in our office is devoted to defending tort actions that grow out of aviation and admiralty accidents. Aviation tort lawsuits are brought under the Federal Tort Claims Act, 28 U.S.C. § 1346. Our primary aviation client agency is the Federal Aviation Administration. After an aircraft crash, the United States might be sued for alleged negligence in the fields of air traffic control, weather dissemination, navigational charting, marking of obstacles, or operation of its own aircraft. Other major aviation clients include the U.S. military, federal agencies such as the Departments of Interior and Agriculture, which are involved in aerial firefighting, and the Department of Commerce, a major player in weather-related accidents. We bring only a few affirmative aviation suits, typically involving actions for damage to government-owned aircraft or recovery of aircraft that crashed and were taken without authorization from the Government.

 

         Our office also represents the Government in its role as a shipowner and regulator of the nation’s coastal and inland waterways as well as its activities in the area of waterborne pollution cleanups. In addition to defending agencies such as the Coast Guard in search-and-rescue activities, we defend the Army Corps of Engineers and the Commerce Department in navigation aid, obstruction, and charting cases. We also represent the Navy and other agencies in ship collision cases and claims of damages resulting from military vessel operations. In addition, our office plays a major role in protecting historic shipwrecks from unauthorized plundering by salvage companies and defending the constitutionality of the Abandoned Shipwreck Act, which was enacted in 1987 to protect historic shipwrecks located in state waters. We assisted the Kingdom of Spain, for example, in confirming its title to an 18-century and an early 19-century Spanish frigate in the Sea Hunt litigation, and participated with the State of California in a dispute that ultimately went to the Supreme Court over ownership of a wreck, THE BROTHER JONATHAN, rumored to have been carrying gold belonging to the United States when it sank off the coast of northern California in 1865.

 

         Our lawyers also bring affirmative claims on the Government’s behalf for cargo and facilities damage, pollution cleanup expenses and natural resource damage restoration costs. A noteworthy example of these cases is the EXXON VALDEZ oil spill, but we are consistently involved in oil spill cases in general, as well as lawsuits to recover the costs of restoring coral reefs or seagrass beds damaged by ship groundings or unauthorized anchoring.

 

         The following case summaries provide examples of our practice:

 

         Shortly after 9/11, a United Airlines Boeing 777 made a violent collision avoidance maneuver to avoid an F-16 flying a combat air patrol mission over Washington, D.C. We defended the Air National Guard pilot against a flight attendant alleging brain injury when she was thrown to the ceiling during the maneuver.

 

         Four fishermen failed to return from a Fathers’ Day weekend shark fishing tournament south of Long Island. It is presumed that their 25-foot boat foundered and sank in ten- to fifteen-foot seas, with the loss of all aboard. We defended the Coast Guard and United States against wrongful death lawsuits filed by the families of the fishermen.

 

         On August 6, 1997, Korean Airlines Flight 801 (a Boeing 747) crashed while on approach to the Won B. Pat International Airport in Guam. Of the 254 persons aboard, only 25 survived. 162 claims for personal injury and/or wrongful death were filed against either the airline, the United States, or Serco Management Services, the contractor operating the airport control tower. This case was consolidated for discovery by the Judicial Panel on Multi-District Litigation.

 

ATTORNEYS

 

         In addition to litigating cases across the country, our attorneys are active in the aviation and admiralty legal communities. They are frequent speakers and panelists at the Southern Methodist University Air Law Symposium, the ABA Aviation Litigation Conference, the Maritime Law Association, Embry-Riddle Aeronautical University, the Lawyer Pilots Bar Association, and other aviation and admiralty law seminars and meetings.

 

         Our attorneys include a number of military and general aviation pilots. One of our attorneys flew over 100 combat missions in the F-4 and the F-15. Our attorneys also include former officers of the Navy and the Coast Guard, including the former commander of a Coast Guard Cutter (an ice-breaking ocean-going tug). Several attorneys have remained in the military as officers in the reserves.

 

         Our attorneys have argued cases in all U.S. Courts of Appeals (except for the U.S. Court of Appeals for the Armed Forces and the U.S. Court of Veterans Appeals), and several state Supreme Courts.

 

EMPLOYMENT

 

         Attorneys may join our office directly after law school or a judicial clerkship through the Attorney General’s Honors Program. After at least one year of practice, attorneys may be hired through the experienced attorney hiring program. Several of our lawyers are former partners or associates from aviation and insurance defense law firms. Law students may be hired for internships. All offers are contingent upon the applicant passing an FBI background investigation.

 

 

         *       For paid summer law intern positions, students may apply through the Summer Law Intern Program. http://www.usdoj.gov/oarm/arm/sp/sp.htm

 

         *       We take about seven law students per summer as volunteer interns, and about one or two during the academic year. Potential volunteers may apply through the Civil Division: http://www.usdoj.gov/oarm/arm/int/volunteerads.htm (click on the link to Civil Division) or may apply directly to Aviation & Admiralty. All direct applications must be prepared in Adobe Acrobat format, and must include: (1) cover letter, (2) resume (please indicate citizenship), (3) transcript (official or unofficial), and (4) a brief writing sample. Applications may be sent to:

 

                  Jessica McCausland

                  Trial Attorney

Jessica.McCausland@usdoj.gov

 

Our summer intern program is part of the Civil Division’s summer program, and interns are invited to participate in various events throughout the summer. Please see the following web page for more information: http://www.usdoj.gov/oarm/arm/int/volunteerads.htm

 

         *       For entry-level attorney positions, students and judicial law clerks may apply through the Attorney General’s Honors Program. http://www.usdoj.gov/oarm/arm/hp/hp.htm

 

         *       Experienced attorneys may apply directly to Aviation & Admiralty. Please send a cover letter and resume to the following address:

 

Peter F. Frost

Director

Aviation & Admiralty Litigation

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 14271

Washington, DC 20044-4271

 

GENERAL INFORMATION

 

         Our office is located in downtown Washington, D.C., near the Metro Center and McPherson Square Metro stops. The office address (not to be used for U.S. mail) is 1425 New York Ave., N.W., Suite 10100.

 

         Bicycle racks and a locker room with showers are available. Office attire is business casual. Suits are not necessary on a day-to-day basis, but may be needed for occasional events.

 

         We currently have around 30 lawyers and 10 support staff personnel. It is a close-knit group, affording opportunities for forging lasting friendships, strong professional ties, and mentoring opportunities. We also have a field office in San Francisco for admiralty litigation.