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Gene Kaskiw Publishes Article on Airplane Crash Liability for CLM Magazine

Newark, N.J. (May 16, 2019) – Newark Associate Gene K. Kaskiw has penned the cover story for the May 2019 edition of CLM Magazine, a publication of CLM. The article, “MAX Exposure: A look at what went wrong for Boeing’s 737MAX,” is a review of the recent airplane crashes that led to a global grounding of the entire fleet of 737MAX planes.

Mr. Kaskiw first provides a highly detailed review of how the ultimately fatal defect in the planes’ auto-pilot systems came to be introduced, and how it factored into the two crashes in Indonesia and Kenya. He also covers the actions taken by the various companies and regulatory bodies involved as these tragedies unfolded.

Mr. Kaskiw then discusses the claims and liability implications of these crashes. He sets out the four categories that aviation accident claims usually fall under, and then reviews each category in relation to the 737MAX accidents.

As Mr. Kaskiw notes in closing, at this time “on the basis of limited information, it is anyone’s guess as to the viability of the potential claims set forth herein, which comprise but a small sampling of the many theories to be heavily litigated.” However, he does predict that the investigations of these crashes and the recommendations that follow “will result in a safer aviation system for all.”

Read the full article here. See a digital version of the magazine here.


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