S. Brad Brown
Brad Brown maintains a national litigation practice with an emphasis on aviation, products liability, insurance and business related matters. He regularly defends domestic and international manufacturers, airlines, insurers, business entities, cargo companies, ground handlers, and individuals in state and federal courts. Brad has successfully defended at trial individuals, businesses, airlines, and manufacturers. Brad is also experienced in representing clients in class action litigation, federal multidistrict litigation and in state and federal appeals. He also frequently handles, both at the trial and appellate levels, insurance coverage matters and subrogation claims.
Brad’s clients appreciate his ability to skillfully evaluate and efficiently resolve a wide variety of litigation matters. Clients further value Brad’s awareness of each client’s business and numerous external demands when handling a claim and recommending whether to take a case to trial or seek a resolution. Clients frequently engage Brad to investigate, evaluate and resolve claims before they develop into actual lawsuits.
B.B.A., with high honors, University of Texas at Austin
J.D., with honors, University of Texas School of Law
United States Court of Appeals for the Fifth Circuit
United States District Court for the Northern, Southern, Eastern and Western Districts of Texas
- Successfully represented an air cargo ground handling company and trucking company in a multi-million dollar cargo damage claim brought in state court by obtaining a court order that the Montreal Convention applied to Plaintiff’s claims, which resulted in a recovery of less than 7% of the damages sought by Plaintiff.
- Lecka v. Lufthansa German Airlines, et al. (S.D. Tex. June 2014). Court granted motion to dismiss Plaintiffs’ claims arising from an incident that occurred during international travel.
- Morrison Express Corp. v. EVA Airways and Integrated Airline Services, Inc. (N.D. Tex. Aug. 2013) Court granted motion to dismiss Plaintiff’s declaratory judgment action.
- Rachal v. American Eagle Airlines, 2005 WL 675566 (Tex.App. – Fort Worth 2005) Affirming trial court’s granting of motion for summary judgment in favor of American Eagle Airlines.
- Baleares Link Express, S.L. d/b/a Hola Airlines v. GE Engine Services, Dallas LP 335 S.W.3d 833 (Tex.App. – Dallas 2011) Affirming trial court’s granting of summary judgment for maintenance facility sued for fraud and breach of implied warranties arising out of a commercial engine failure.
- Freitas, et al. v. Rolls-Royce Corporation (2011) Obtained jury verdict in favor of engine manufacturer sued for wrongful death arising out of a helicopter accident in Rio de Janeiro, Brazil.
- Obtained large settlement for an aviation insurer in a subrogation action arising from damage to a commercial airline engine.
- Obtained dismissal for foreign manufacturer sued in Texas state court based upon lack of personal jurisdiction.
- In re Air Crash Near Kirksville, MO on October 19, 2004 (MDL) Part of trial team representing a commuter airline in federal multidistrict litigation and state court cases.
- Saldana v. Sikorsky Aircraft Corporation, et al. (S.D. Tex.) Obtained summary judgment for military helicopter manufacturer based on the government contractor defense.
- Obtained dismissal for an airline sued in federal court for violations of the Air Carrier Access Act.
- Obtained summary judgment for international cargo company pertaining to alleged freight damage.
- Chambers USA: America’s Leading Lawyers for Business, 2016-2019
- Ranked for Transportation: Aviation: Litigation – Nationwide
- Who’s Who Legal: Texas, Aviation, 2018-2020
Moderator, “Perspectives from the General Counsel’s Office,” ABA Tort Trial & Insurance Practice Section, Aviation and Space Law Committee Meeting and CLE (October 18, 2018)
Speaker and Moderator, “What’s Going on in Claims and Underwriting,” ABA Tort Trial & Insurance Practice Section, Aviation and Space Law Committee Meeting and CLE (November 3, 2016)
Speaker, “Assessing the Airline’s Responsibilities or Potential Liability Related to Medical Emergencies, Passengers with Disabilities, Ebola and Airborne Diseases,” American Conference Institute’s 7th Annual Forum on Defending and Managing Aviation Claims & Litigation (June 1, 2015)
Speaker, “Harnessing the Power of Social Media in Jury Selection, Discovery and Trial,” American Conference Institute’s 5th National Forum on Defending and Managing Aviation Claims & Litigation (May 29, 2013)
Speaker, “Fault Apportionment and Other Sources of Liability: Airport Liability, Cargo Claims, Air Traffic Control Liability and Beyond,” American Conference Institute’s 2nd Annual Forum on Defending and Managing Aviation Litigation (June 22, 2010)
Speaker, “Changing the Landscape of a Pending Case by Asserting Key Defenses Provided by Statute and Case Law: An In-Depth Look at Federal Preemption, GARA, and the Government Contractor Defense,” American Conference Institute’s Premier Forum on Defending and Managing Aviation Litigation (June 23, 2009)
Co-author of section pertaining to liability for responding to in-flight medical emergencies, “Cardiac Arrest at 30,000 Feet,” Journal of Cardiothoracic and Vascular Anesthesia Vol. 20, No. 3 (June 2006)
Brad has extensive expertise representing clients in a wide variety of aviation related matters, from simple negligence claims to mass torts involving multidistrict litigation. Brad also regularly represents cargo airlines and ground handlers in international and domestic cargo disputes.
Brad frequently counsels and represents insurers and insureds in insurance coverage matters and first party claims. Brad regularly assists insurers in investigating and evaluating claims pre-suit and has further successfully represented insurers in pursuing subrogation actions.
Products Liability Claims
Brad regularly represents manufacturers, sellers and distributors in the defense of product liability claims. In handling such claims, Brad has developed extensive experience in accident reconstruction and investigation, metallurgy, biomechanics, design and manufacturing processes, and warnings.
Commercial and Business Matters and Disputes
Brad counsels and represents individuals and companies in a variety of business disputes, including contract actions, business torts and deceptive trade practices. Brad also counsels individuals and businesses on risk avoidance and risk management strategies.
Successfully represented clients in matters involving:
|Breach of contract
Breach of warranty
Deceptive trade practices
Personal injury/wrongful death