An active pilot for more than two decades, Ben Klein brings his deep passion for all things airplane to the Firm’s aviation practice.  Ben is a member of the leading aviation and national bar associations and often presents on aviation law related topics at conferences nationwide.  The Firm focuses on the following aviation-related practice areas:

Aviation Litigation

Our deep experience with and understanding of aviation allows us to present complicated aviation-related concepts to courts and juries in a way that is easy to understand, making the Firm uniquely effective when advocating on behalf of clients in the aviation industry.  Our attorneys’ experience includes representing both manufacturers and purchasers in contract disputes related to new aircraft and avionics, disputes regarding negligent maintenance, disputes regarding aircraft leases and purchase agreements. A sampling of our representative experience includes the following:

  • Representing potential purchaser of a Gulfstream G-IV in dispute with large aircraft broker, involving claims of tortious interference with contract and fraud.
  • Recovered over $750,000 from a major helicopter manufacturer after asserting claims for negligence and other business torts on behalf of purchaser.
  • Successfully represented helicopter maintenance service provider in suit against major international helicopter MRO and operator resulting in recovery of over $900,000.
  • Achieved a complete defense verdict on behalf of a prominent avionics manufacturer after a jury trial in Texas state court.  Plaintiffs had asserted claims for, among other things, breach of warranty, breach of contract, and consumer fraud.
  • Secured dismissal of breach of contract claims against a helicopter dealer in Florida federal court.
  • Represented a client in the helicopter industry as plaintiff in a dispute in Vermont federal court, involving claims for breach of contract, fraud, and conversion.

Aviation Regulatory

We regularly counsel certificate holders, including pilots, mechanics, and FBOs in matters relating to regulatory compliance with FARs and other applicable law.  In addition, Ben Klein, as a Panel Attorney for the Aircraft Owner’s and Pilot’s Association, is frequently called on to represent pilots and aircraft owners in FAA enforcement proceedings.  A sampling of our attorneys’ recent representative experience includes the following.

  • Represent FBO in Part 16 Complaint filed against the Renton Municipal Airport, alleging favorable treatment of the Boeing Company, and unjustly discriminatory practices against general aviation aeronautical service providers located at the Airport.
  • Represent FBO in Part 16 Complaint filed against the Burlington International Airport, alleging violation of grant assurances related to exclusive rights and economic non-discrimination.
  • Represent airman in enforcement proceeding brought by FAA as a result of inadvertent incursion into presidential TFR.
  • Represent flight instructor in attempted to re-acquire DPE status after it was wrongfully revoked following accident.
  • Represent charter operator during investigation for alleged non-compliance with Part 135 of the FARs.

Unmanned Aircraft Systems/UAS/Drones

UAS, or drones, as they are more popularly called, represent the next frontier in aviation.  Gross & Klein LLP stands ready to assist owners, operators, and manufacturers as they navigate the legal complexities presented by the emerging regulatory structure.  We work with our clients to find creative solutions in this uncharted territory and to ensure that our clients seize the great opportunities presented by this technology, whether economic, humanitarian, environmental, or otherwise.  Services provided include:

  • Section 333 Exemption Application - We assist sUASclients petition the FAA for an exemption to operate commercially under the FAA Modernization and Reform Act of 2012. Although the FAA has released its Notice of Proposed Rulemaking as Part 107 of the Federal Aviation Regulations, it is not a final rule.  As such, those wishing to operate sUAS commercially continue to require Section 333 Exemptions from the FAA.
  • Regulatory Guidance/Risk Management – Gross & Klein LLP provides ongoing counseling to drone operators and manufacturers concerning the constantly evolving regulatory framework in order to ensure that opportunities are exploited and risk is assessed and minimized.
  • Litigation/Regulatory Enforcement - When necessary, Gross & Klein LLP zealously advocates on behalf of its UAS clients in civil disputes, as well as in FAA enforcement proceedings nationwide.