Katherine A. Staton

Aviation

Katherine has experience in aviation law which has afforded her the opportunity to work on numerous aviation cases involving major air carriers, general aviation aircraft and operations, pilot-error accidents, mid-air collisions, air traffic controller cases, class actions, and products liability cases. Katherine represents corporate aircraft owners and operators, as well as fixed based operators in cases across the United States and in countries around the globe. Katherine also assists clients with the purchase and sale of aircraft, and routinely assists with the issues related to those transactions.

Other Practice Areas

Katherine coordinates legal work for individuals and companies, using efficiencies in staffing and resolving legal issues. Katherine advises clients on all types of legal matters and provides strategic counseling for their legal decisions. Katherine joins her colleagues at Jackson Walker in their legal work with The Roman Catholic Diocese of Dallas, Amarillo, and Houston.

• Stokes v. Southwest Airlines Co.; 887 F.3d 199 (2018), Fifth Circuit opinion revising almost thirty (30) years of Fifth Circuit case law in holding that the Air Carrier Access Act precludes a private right of action in the Fifth Circuit.
• Directed verdict secured in Cause No. 236-271663-14; Pamela Lee Meinzer v. American Airlines, Inc. and Dallas/Fort Worth International Airport Board, in the 236th Judicial District Court, Tarrant County, Texas on March 10, 2016.
• Successful appeal for CJ Systems Aviation Group in a contractual indemnity claim stemming from a wrongful death accident lawsuit,  American Eurocopter Corporation v. CJ Systems Aviation Group; 407 S.W.3d 274; In the Court of Appeals for the Fifth District of Texas at Dallas, Texas in 2013.
• Coverage counsel for one of the aviation insurers that insured the aircraft that carried passenger Lauren Scruggs, a fashion model and blogger, who got out of and then walked into the running propeller on December 3, 2011. Ms. Scruggs lost her left eye and hand in the incident. The claims were resolved without litigation as to Katherine’s insurer.
• Counsel for aviation insurer for the aircraft Joseph Stack flew into the IRS building in Austin, Texas, on February 18, 2010 – successfully resolved all claims asserted against the aviation policy related to the incident.
• Successfully defended international airline in federal district court in litigation arising from accident in Little Rock, Arkansas.
• Successfully defended regional airline in federal multi-district and state court litigation arising from accident in Missouri.
• Successfully defended airline in lawsuits brought by airline pilot claiming airline’s failure to advise of health issues discovered in pre-employment examination which resulted in pilot’s death.
• Lee v. American Airlines, Inc.; 355 F.3d 386 (5th Cir. 2004) affirming dismissal of claim for loss of convenience in Warsaw Convention putative class action.

Secured Summary Judgments Pertaining to a Variety of Issues, Including:

• Joanna Endsley v. Envoy Air Inc. (Cause No. DC-17-033778) in the 14th Judicial District Court, Dallas County, Texas 2018; Personal Injury – secured a partial summary judgment on plaintiff’s damage claim in favor of Envoy Air Inc.
• Alejandro Gallardo-Lozano v. American Airlines (Cause No. 096-289122-16, in the 96^th Judicial District of Tarrant County, Texas, 2018) Personal Injury – successfully secured two partial summary judgments in favor of American Airlines, Inc. as to the Montreal Convention damages.
• David Williams v. Southwest Airlines Co. d/b/a Southwest Airlines (Cause No. DC-16-07148, in the 162^nd Judicial District Court of Dallas County, Texas, 2017) Personal Injury – successfully secured a summary judgment in favor of Southwest Airlines Co.
• Gertie Joe Ware v. United Airlines, Inc. and Expressjet Airlines, Inc., 2017 U.S. Dist. LEXIS 213554 (Case No. 4:16-cv-00513, in the United States District Court for the Southern District of Texas, Houston Division) Personal Injury – successfully secured a partial summary judgment in favor of Expressjet Airlines, Inc.
• Darlene Lynette Johnson v. Patricia Diane Davis and Southwest Airlines Co. (Cause No. 2015-57037, in the 270^th Judicial District of Harris County, Texas, 2017) Personal Injury – successfully secured a summary judgment in favor of Southwest Airlines Co.
• Serawit Fanta Woldeyes v. AMR Corporation d/b/a American Airlines, American Airlines, Inc. and Dallas Fort Worth International Airport Authority d/b/a Dallas Fort Worth International Airport and/or DFW International Airport (Cause No. DC-13-05226, in the 162^nd Judicial District Court of Dallas County, Texas, 2014) Personal Injury – successfully secured a summary judgment in favor of American Airlines, Inc.
• Deborah Driscoll and Joseph Driscoll v. Oriental Building Services, Inc., Dallas Fort Worth International Airport Board v. American Airlines, Inc. (Cause 348-270932-14, in the 348^th Judicial District Court of Tarrant County, Texas, 2016) Personal injury – successfully secured a summary judgment in favor of American Airlines, Inc.
• Doris Nell Magee v. Southwest Airlines Co., et al. (Cause No. 2010-41217, in the 215^th District Court of Harris County, Texas, 2012) Personal Injury – Successfully secured summary judgment in favor of Southwest Airlines Co.
• Marjorie Masterson v. City of Austin Aviation Department and the City of Austin, Texas (Cause No. D-1-GN-11-000989 in the 261^st Judicial District Court of Travis County, Texas, 2012) Personal Injury – Successfully secured summary judgment in favor of Southwest Airlines.
• Daniell vs. Federation of State Medical Boards of the United States, Inc., and American Airlines, Inc., 2010 U.S. Dist. LEXIS 91316 (Cause No. 3-09-CV-0652-BD, Northern District of Texas United States District Court, Dallas Division, 2010) Contribution negligence claim dismissal for American Airlines, Inc.
• Collins v. Dooley and Southwest Airlines Co. (Bexar County, Texas 2009) Contribution claim involving worker’s compensation / negligence claims dismissal.
• Diaz v. Southwest Airlines Co., 2006 WL 2051379 (Tex. App. – Amarillo 2006) Air Carrier Access Act / negligence claims dismissal.
• Rachal v. American Eagle Airlines, 2005 WL 675566 (Tex. App. – Fort Worth 2005) Negligence and premises liability claims dismissal.
• Blanca Elizabeth Alvarez de Catota, et al. v. Bell Helicopter Textron, Inc., et al.(Cause No.153-195665-2 in the 153rd Judicial District of Tarrant County, Texas, 2005) Product liability claim summary judgment dismissal.
• Scroggs v. American Airlines, Inc., 150 S.W.3d 256 (Tex. App. – Dallas 2004) Negligent activity claim dismissal.

• Chambers USA: America’s Leading Lawyers for Business
  • Ranked for Transportation: Aviation: Litigation – Nationwide, 2015-2017, 2021-2022
• The Best Lawyers in America (Woodward/White Inc.), 2021-2023
  • Lawyer of the Year – Dallas/Fort Worth, Aviation Law, 2023
  • Aviation Law, 2022-2023
  • Commercial Litigation, 2021-2023
  • Personal Injury Litigation – Defendants, 2021-2023
• Winning Woman, Texas Lawyer, 2014
• Legal Media Group’s Guide to the World’s Leading Aviation Lawyers, 2013
• Guide to the World’s Leading Aviation Lawyers, Legal Media Group, 2013
• Who’s Who Legal: Texas, 2007-08
• Who’s Who Legal: Texas – Aviation, 2007

Publications & Speaking Engagements

• “Vectoring Your Business Aircraft:  Avoid Pitfalls in Business Aircraft Transactions,” SMU Journal of Air Law & Commerce, 2021
• Co-Author, “Commercial Drone Use Continues to Grow, But So Too Does the Regulatory Framework,” The Texas Lawyer (May 8th, 2019)
• “Does Absence Make the Insurer’s Heart Grow Fonder? Liability for an Aircraft Not in Possession,” Embry-Riddle Aviation Law and Insurance Symposium, 2017
• “360 Views of Potential Liability Issues from the Perspectives of the Aviation Industry,” The Forum on Air & Space Law, 2017
• “Airport Security Using a Real World Threat Scenario,” State Bar of Texas Aviation Section Meeting, June 22, 2017
• “What is Trending in the Aviation Industry and Cooperation Amongst Parties in Insurance Claims,” Embry-Riddle Aviation Law and Insurance Symposium, 2015
• International Aviation Women’s Association Legal Panel Discussion, 2014
• “DOT Regulations as to Passenger Delays and Rights and their Ramifications,” Embry-Riddle Aviation Law and Insurance Symposium, 2011
• “Opening Statement Strategy and Considerations,” Embry-Riddle Aviation Law and Insurance Symposium, 2010
• “Recent Developments in Aviation Law,” Embry-Riddle Aviation Law/Insurance Symposium, 2009
• “Challenges in the Aviation/Transportation Industry for Women: The Last 20 Years,” WTS – Advancing Women in Transportation, 2008
• “Germs on a Plane: U.S. Litigation Considerations for Airline Food Borne Illness Claims,” International Air Transport Association Food Safety Forum, 2008
• “Nonrefundable Airline Ticket Class Action: How Preemption Under the Airline Deregulation Act Precluded Claims,” International Association of Defense Counsel, Newsletter, 2007
• “What Happens After The Sun Sets: NTSB Investigations and Recommendations for Action and the FAA’s Response,” Embry-Riddle Aviation Law/Insurance Symposium, 2006
• “FAA Oversight of Aircraft Maintenance Outsourcing to Certified and Non-Certified FAA Repair Stations,” IADC Newsletter, 2006
• “The Sport Pilot and Light-Sport Aircraft Certifications Take Flight,” Journal of Air Law & Commerce Symposium, 2005
• “The New Sport Pilot and Light-Sport Aircraft Regulation,” IADC Newsletter, 2004
• “Professionalism and Civility in the Practice of Aviation Law – The VORs and GPSs Which Guide Our Practice,” 64 Journal of Air Law & Commerce 811, 1999
• “The Americans With Disabilities Act as it Relates to Employment in the Aviation Industry: Navigating Through Uncontrolled Airspace,” 64 Journal of Air Law & Commerce 459, 1999
• “The Warsaw Convention’s Facelift: Will It Meet the Needs of 21st Century Air Travel?,” 62, Issue 4, at 1083, Journal of Air Law & Commerce, 1997
• “Wisely Choose or Lose, Critical Forum Considerations in Aviation Cases,” The Association of Trial Lawyers of America, July 1995 Annual Convention
• “How Can You Be Two Places At Once When You’re Not Anywhere At All?” co-authored, Vol. 10 No. 6, at 81, Texas Personal Injury Law Reporter, 1993
• “Frequent Flyer Coupon Brokering: A Valid Trade?,” Volume 55, Issue 3 at, 727, Journal of Air Law & Commerce, 1990

In the News

• “Four Different Ways the 737 MAX Crashes Might Land Boeing in Court,” The Points Guy, March 21, 2019

• St. Mary of Carmel Catholic School, Board Member, 2019
• Texas State Bar – Aviation Section, Past Chair
• International Aviation Womens Association (IAWA)
  • Current Advisory Board Member
  • Past President
  • Program Co-Chair, 2008-09
• Texas Women Lawyers, Past President
• Dreams Soar, Inc., Outside General Counsel
• Pilots Bar Association, Lawyer
• International Association of Defense Counsel
• Texas Association of Defense Counsel
• 99s International Organization of Women Pilots – Dallas Chapter, Past Chair
• American Bar Association
• Women in Aviation International, Dallas Chapter Past President
• WHO Foundation (Women Helping Others)
  • Past Board of Directors
  • Past Treasurer
• Greater Dallas Chamber of Commerce – Women’s Business Conference
  • Chair, 2005-06
  • Conference Underwriting Chair, 2004