Kevin Sutherland

Full Profile

Kevin Sutherland has over 30 years of experience representing clients in commercial, aviation, and product liability matters. His practice includes representing airlines; airports; municipalities; government contractors; manufacturers of commercial, aviation, space, and military products; and their insurers. He has acted as lead counsel in numerous high-value cases involving a variety of products, including telecommunications satellites, satellite launch vehicles, night vision systems, municipal and consumer generators, gas turbine and carbureted aircraft engines, camshafts, consumer and commercial tools, fuel control units, fastening systems and avionics, as well as general aviation, experimental and sub-orbital aircraft. These cases have included significant wrongful death, catastrophic personal injury, class action and property damage claims. His practice includes assisting domestic and foreign clients in a variety of complex disputes including class actions and other cases that include significant cross-border issues, including commercial, regulatory, and compliance issues involving US, federal, and state regulations.

Kevin was named a Fellow (FRAeS) of the Royal Aeronautical Society in 2017. He has been recognized as one of the best lawyers in the United States by a number of leading legal and trade publications. He has held leadership positions in the Defense Research Institute and the American Bar Association. Kevin has published articles and lectured at conferences on a variety of issues, including US regulation of unmanned aircraft systems, liability and insurance implications arising from development of autonomous vehicles, the use of accident reconstruction and virtual reality evidence, risk management, and litigation strategy. Kevin has represented clients in litigation pending in several states throughout the United States.

Kevin serves as Chair of the Global Aviation Practice Group.

Admissions

• California
• New York
• District of Columbia
• US Supreme Court

Education

• J.D., Syracuse University School of Law, 1992. Executive Editor of the Syracuse Journal of International Law and Commerce.
• B.A., Philosophy, University of California, Los Angeles, 1988

Memberships

• American Bar Association
• Aviation Insurance Association
• Defense Research Institute
• Air Law Association of Australia and New Zealand
• Helicopter Association International

Experience

Aerospace Product Liability

• Connolly, et al. v. EFW, Inc. and Burke, et al. v. EFW, Inc. – Represented night vision systems manufacturer in wrongful death cases arising from crashes of two AH-64 Apache helicopters engaged in training missions alleging the crashes were caused by defects involving the Integrated Helmet and Display Sight System (“IHADSS”).
• Scholey v. CAE – Represented manufacturer of full flight simulator in product liability litigation pending in US District Court for the District of Arizona.
• Crash of Robinson R-44 Raven II in Ten Mile Lake, Minnesota – Represented manufacturer of helicopter engine in defense of litigation arising from crash of a Robinson R-44 Raven II helicopter.
• Crash of Mi-8 MTV Helicopter in Afghanistan – Represented operator of Mi-8 MTV helicopter in litigation arising from crash in Afghanistan.
• Crash of US Navy Sikorsky MH-60S Helicopter off Coast of California – Secured dismissal of fastening system manufacturer in a lawsuit arising from the crash of a US Navy helicopter engaged in a training mission.
• Crash of US Army Chinook 427 Helicopter in Afghanistan – Represented and obtained dismissal of manufacturer of Full Authority Digital Engine Control Unit in litigation arising from the crash of a US Army helicopter carrying 22 servicemen engaged in a combat mission with the 2nd Battalion, 160th Special Operations Aviation Regiment. 
• Townsley v. Hartwell Corporation – Represented aerospace fastening systems manufacturer in litigation arising from May 24, 2013, Airbus 319 inflight fan cowl door detachment.
• Crash of Beechcraft King Air 200 near Punto Chivato, Mexico – Secured dismissal of gas turbine overhaul and repair service provider in case arising from crash of aircraft shortly after take-off from Punto Chivato Airport.
• Bullock v. Aviat Aircraft, Inc. – Secured dismissal of experimental aircraft manufacturer in wrongful death actions filed by representatives of the estates of the pilot and passenger.
• Crash of Rockwell 112 TC Aircraft in Los Angeles – Counsel for the County of Los Angeles in wrongful death actions filed by representatives of the estates of the pilot and passenger alleging crash was caused by defective design of airport runway. Defense verdict in favour of County obtained at trial.

Municipalities and Airports

• Representing cities and municipalities in defense of airport and other litigation, including City of Los Angeles (LAX), City and County of San Francisco (SFO), Palm Springs International Airport (PSP), and the City of Riverside.

Commercial and Consumer Products

• National Litigation Coordinating Counsel – Serving as national coordinating counsel to product manufacturers and retailers in respect of litigation pending throughout United States. 
• Cui v. Tritium Pty Ltd. - Defense of electric vehicle charging station manufacturer in litigation arising from explosion of charging station.
• Chapa v Jack Winn Pro - Defense of hair product manufacturer in personal injury action allegedly causing burns to plaintiff’s scalp.  
• Weiner v. Dierregi S.r.L. – Defense of Italian manufacture of up-cut industrial saw in litigation arising from personal injuries allegedly caused by design features of saw and its warnings.
• Gould v. Harbor Freight Tools – Represented product retailer in litigation pending in US District Court for the District of Nevada alleging personal injuries and property damage caused by gas powered electric generator.
• Kenville v. Harbor Freight Tools – Represented product retailer in litigation alleging sale of defective consumer tool.
• City of Anaheim v. Air New Zealand – Represented engine overhaul service provider in litigation arising from alleged failure of GE LM5000 industrial gas turbine engine.

Space and Satellite

• Astrium, S.A.S. v. TRW, Inc. – Represented Fokker Space against product liability and commercial claims for USD 135 million in damages arising from alleged degraded performance of multiple telecommunications satellites.
• In Re Orbital Sciences Tarus XL Satellite Launch Failure – Provided advise in respect of US Department of Justice investigation into failure of satellite launch vehicle near Vandenberg Air Force Base in California.
• Provided advice in respect of test flight mishap of the SpaceShipTwo VSS Enterprise that broke up in flight and crashed in the Mojave Desert.

Commercial and General Aviation

• Hendrickson, et al. v. RPM Technik dba Penn Yan Aero - Representing a FAA Certified Repair Station in respect to a crash of an amateur-built Glasair 3 aircraft in Oxford, Maine. 
• Heliponents, Inc. v. DuBois - Representing FAA Certified Repair Station in respect of crash a Bell UH-1H helicopter in Mesa, Arizona.
• In Re Crash of Asiana Flight No. 214 – Represented City and County of San Francisco in litigation arising from the crash of Asiana Flight No. 214 at San Francisco International Airport.
• Herrera v. Cathay Pacific Airways, Ltd. - Represented air carrier in defense of class action alleging damages for ticket refunds were due to passengers who had flights cancelled during the COVID-19 pandemic. 94 F.4th 1083 (9th Cir. 2024).
• Faralas v. Serco, Inc. – Represented private provider of air traffic control services in litigation arising from crash of Cessna T310Q aircraft near Riverside Municipal Airport.
• In Re Dynamic Airways Flight No. 405 – Represented operator of Boeing 767 aircraft in litigation arising from property damage and personal injuries caused by fire that occurred during taxi for takeoff in Fort Lauderdale, Florida.
• Percy v. Serco, Inc. – Represented private provider of air traffic control services in litigation arising from mid-air collision at San Diego Brown Field Airport.   
• Ko v. EVA Airways – Secured dismissal of air carrier in multi-million-dollar case alleging that air carrier wrongfully participated in international child abduction.
• Field v. Philippine Airlines – Represented airline in a lawsuit arising from the arrest of a passenger after making a bomb threat in the airport. Case dismissed and fees awarded to airline based on California Anti-SLAPP statute.
• In Re Deep Vein Thrombosis Multi District Litigation – Represented air carriers dismissed on summary judgment in lawsuits filed throughout the country and consolidated before the US District Court for the Northern District of California. Ninth Circuit Court of Appeals affirmed dismissal under Montreal Convention of 1999 of plaintiffs’ allegations that the air carrier defendants failed to warn them of the risk of developing DVT while passengers.
• Kwon v. Singapore Airlines – Represented air carrier in multi-million-dollar action filed by an ophthalmologist for disabling injuries he allegedly sustained on board the aircraft. Trial resulted in defense verdict enforcing limitation of liability under Article 20 of the Warsaw Convention.

Presentations

• "US Regulation of Unmanned Aerial Vehicles," 12th Beaumont International Aviation Conference, London, June 2014
• "The Right to Fly: The Evolution of Airline Liability in the US for Parental Kidnapping and "No-Fly" Lists," Aviation Law Association of Australia and New Zealand Conference, Sydney, Spring 2013
• "Preemption and Removal Jurisdiction in the United States," 11th Beaumont International Aviation Conference, London, June 2012
• "Major Airline Accident Claims Handling in Asia and the US," 2011 Aon Asia Pacific Aviation & Aerospace Seminar, Bangkok, September 2011
• "Forum Non Conveniens Dismissal in the United States," Willis IATA Asia Pacific Aviation Insurance Conference, Singapore, March 2011
• "Social Media and the Law," Lloyd's Library Market Seminar, London, January 2011
• "Products Liability in the US – What You Need to Know," Lloyd's Library Market Seminar, London, January 2011
• Co-presenter, "Hot Topics in the US and Canada," 10th Beaumont International Aviation Conference, London, June 2010

Publications

• "Getting The Deal Through," Aviation Liability 2018, Law Business Research Ltd., 2018
• "The Continuing Evolution of US Aerospace Product Liability Litigation," Guide to the World's Leading Aviation Lawyers, Ed. Euromoney Trading Limited, September 2011
• Co-author, "Litigating the Aviation Case – From Pre-Trial to Closing Argument," Third Edition, ABA/TIPS, 2008