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Session 12
Session 2: A Moot Court Argument on Wallace v. Korean Air 214 F.3d 293 (2nd Cir. 2000)
Ms. Brandi Wallace fell asleep in the window seat during her economy class flight aboard Korean Air flight 61 from Seoul to Los Angeles. Next to her was seated Mr. Kwang Yong Park.
Ms. Wallace awoke three hours into the flight to find that Mr. Park had unbuckled her belt, unzipped and unbuttoned her jean shorts, and placed his hands into her underwear and was fondling her. Despite Ms. Wallace’s resistance, Mr. Park resumed his amorous attention forcing Ms. Wallace to hit him and to jump over a sleeping aisle seat passenger to escape.
Ms. Wallace sued Korean Air. The District Court dismissed the suit, concluding that the sexual assault was not
“a risk characteristic of air travel,” and therefore was not an “accident” under Article 17 of the Warsaw Convention. The U.S. Court of Appeals for the Second Circuit reversed, finding that the event was an Article 17 “accident”.
This session is an appeal of the 2nd Circuit decision before the U.S. Supreme Moot Court by the lawyers who
argued the case before the Second Circuit.
MODERATOR: Ken Quinn - Pillsbury Winthrop
COUNSEL:
- For the Appellant: Andrew Harakas - Clyde & Co.
- For the Appellee: Frank Granito - Speiser Krause.
Ken Quinn
Mr. Quinn is a partner and co-leader of Pillsbury's top-ranked aviation practice. He also serves as General Counsel and Secretary of the Flight Safety Foundation, and Editor-in-Chief of The Air & Space Lawyer, the legal journal of the ABA Forum on Air & Space Law.
For the fourth year in a row, the Chambers USA 2009 Guide singled out Mr. Quinn for praise and ranked Pillsbury's aviation practice as "National, Tier 1." He represents airlines, aerospace companies, airports, Fortune 500 companies, developers, on-line travel companies, global distribution systems, private equity and hedge funds, and aircraft lenders/lessors in a variety of regulatory, litigation, acquisition, antitrust, enforcement, legislative, product liability, and criminal matters.
His recent efforts include successfully arguing on behalf of Virgin America in Ass'n of Flight Attendants vs. Dep't of Transp., in the DC Circuit Court of Appeals, which upheld DOT's certification of the airline over various citizenship objections. He continues to assist the airline in multiple matters. He serves as counsel to Frontier Airlines in regulatory, enforcement, antitrust matters. He was on the winning brief in NRDC vs. Dep't of Transp. in the Second Circuit Court of Appeals, which upheld FAA's decision to fund and permit the relocation of Panama City airport over the objections of several environmental groups.
Mr. Quinn is a preferred provider of legal services for GECAS, one of the world's largest leasing companies. He has represented the cities of New York and Chicago on litigation, competition, and congestion matters for over a decade. He is representing a coalition of virtually all online and brick and mortar travel agents in connection with various airline applications for antitrust immunity. He represents multiple airlines, cargo carriers, and aircraft, engine, and parts manufacturers on certification, regulatory, and enforcement matters. He counsels municipalities, energy companies, and developers in airspace hazard matters, advises companies involved in the use of corporate aircraft, and represents entities in airline, fixed-based operator, aircraft, and maintenance company acquisitions. He has represented multiple clients in FAA and NTSB investigations, enforcement actions, and criminal prosecutions after airline crashes. He has served as the Chief Judge of an AAA/ICDR arbitral panel in an aviation dispute between two airlines, and is serving as an expert in a legal malpractice case involving an airport Part 16 case. He is also representing pro bono a monastery of Teresian Carmelites.
He has been listed in The International Who's Who of Aviation Lawyers since 2004. He is also listed in Euromoney's Guide to the World's Leading Aviation Lawyers and in Who's Who International Aviation Lawyers.
Mr. Quinn was appointed in 2007 to serve on the Parish Pastoral Council at the Cathedral of St. Matthew the Apostle in Washington, DC, and serves as Chairman of its Stewardship and Development Committee.
Andrew Harakas
Andrew joined Clyde & Co US LLP as a partner in June 2006.
He concentrates his practice in insurance, aviation, complex tort, bankruptcy and products liability litigation. Andrew also regularly advises clients on insurance wordings, commercial and regulatory matters.
Andrew has published articles on a variety of issues relating to domestic and international aviation and insurance law and has participated as a speaker in numerous conferences sponsored by the International Air Transport Association, the American Bar Association, the Institute of Air & Space Law, Embry-Riddle Aeronautical University, the Lawyer-Pilots Bar Association and various bar organizations throughout the world.
He is a member of the American Bar Association (Vice-Chair, Aviation and Space Law Committee, Tort and Insurance Practice Section, 1995-1996), Defense Research Institute (Vice-Chair, Aerospace Law Subcommittee, 2006-2007) and the Institute of Air and Space Law Association. Andrew is included in the International Who's Who of Aviation Lawyers and the Aviation Counsel Guide, and recently was selected for inclusion in the Manhattan edition of New York Super Lawyers.
Andrew was admitted to the New York and Connecticut Bars in 1988, and the Michigan Bar in 1986. He also is a member of the bars of the United States Supreme Court, United States Courts of Appeals for the First, Second, Fifth, Sixth, Ninth, Eleventh and District of Columbia Circuits, United States District Courts for the Southern and Eastern Districts of New York, and the United States District Court for the Eastern District of Michigan
Andrew received his undergraduate degree from the University of Michigan (B.A., 1982) and his law degrees from the Michigan State University College of Law (cum laude, J.D., 1986) and McGill University, Institute of Air & Space Law (LL.M., 1987).
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During the Fifties and Sixties, Mr. Granito served as a Naval Aviator with the Pacific Fleet and with the Naval Reserve, flying a variety of fighter and attack aircraft. He holds an airman certificate with instrument and commercial pilot ratings, is a member of The Wings Club and is listed in Who's Who in Aviation and Aerospace. Mr. Granito belongs to several Bar Associations, including the Association of the Bar of the City of New York for which he served as Chairman of its Committee on Aeronautics from 1976 to 1979. Before joining the Speiser firm in 1967, Mr. Granito was an enforcement attorney for the Federal Aviation Administration, served on assignment to the Justice Department and was a defense trial lawyer and corporate lawyer for the airline insurance industry. Since joining the Speiser firm, Mr. Granito has specialized in aviation litigation mainly from the plaintiff side of the Bar. A substantial portion of his practice has included appearances in air disaster litigation subject to consolidation under 28 U.S.C. 1407 (Multidistrict Litigation) in which he has served as Lead, Co-Lead, Trial and Appellate Counsel for Plaintiff Steering Committees. Among the air carrier cases in which Mr. Granito participated are: United Arab Airlines Viscount, Sahara Desert 1962; Mohawk Airlines Martin 404, Rochester, NY 1963; United Air Lines (UAL) Viscount, Parrotsville, TN 1964; American Airlines (AAL) B-727, Covington, KY 1964; Pakistan Airlines B-720, Cairo, Egypt 1965; Pan American Airways (PAA) B-797, Elkton, MD 1965; Canadian Pacific Airways DC-8, Tokyo, Japan 1966; PAA B-707, Monserrat 1966; Pilgrim Airlines DH-6, Long Island Sound 1970; Overseas National Airways DC-9, St. Croix 1970; Apache Airlines CJ-600, Coolidge, AZ 1971; Delta Airlines DC-9, Logan Airport, Boston, MA 1973; Trans World Airways (TWA) B-707 Ionian Sea 1974; Eastern Air Lines B-727, Kennedy Airport, NY 1975; AAL B-727, St. Thomas, V.I. 1976; New York Airways CH-53, Newark Airport, NJ 1979; Lot Polish Airlines IL-62, Warsaw, Poland 1980; Spantax DC-10, Malaga, Spain 1982; Korean Air Lines B-747, Sea of Japan 1983; LOT Polish Airlines IL-62, Warsaw, Poland 1987; PAA B-747, Lockerbie, Scotland 1988; Avianca B-707, Cove Neck, Long Island 1990; Action Air B-99, Bridgeport Airport, CT 1994; USAir DC-9, Charlotte, NC 1994; USAF CT-43 Dubrovnik, Croatia 1996; TWA B-747 Off Long Island 1996; SwissAir MD-11, Nova Scotia, Canada 1998; EgyptAir B-767, North Atlantic 1999; AAL A-300 Belle Harbor, NY 2001. In addition to airline disaster litigation, Mr. Granito has appeared as trial and appellate counsel in wrongful death, personal injury, commercial and enforcement actions arising out of varied General Aviation and Military flight operations, including private, commercial, rental, corporate, commuter, industrial use, experimental and flight test operations. He also represented French claimants in the Chicago litigation arising out of the Amoco Cadiz Oil Spill off the coast of Brittany in 1978. Mr. Granito was an adjunct professor of Aviation Law, Embry-Riddle Aeronautical University. He lectures on Air Law at Fordham University Law School and St. John's University Law School and is a frequent panelist and speaker at aviation law seminars. He and his wife, Helen Elizabeth Granito, have four children, three of whom are attorneys, including their son, Frank, who is a partner in the Speiser firm. |
Frank H. Granito, Jr. is a resident of Stamford, Connecticut and counsel to Speiser, Krause, Nolan & Granito which he joined on February 1, 1967. He graduated from St. John's University Law School in 1962 and is admitted to practice in New York ('62) and the District of Columbia ('75), the U.S. District Courts of New York, the District of Columbia and the Eastern District of Michigan, the U.S. Courts of Appeal for the First, Second, Third, Fourth, Ninth, Eleventh and D.C. Circuits and the Supreme Court.