Evan M. Kwarta

Partner

New York, NY

He/Him

"I won’t let the other side out-work or out-think me."

212-655-3839

Email ZWt3YXJ0YUBoaW5zaGF3bGF3LmNvbQ==

Evan M. Kwarta

Partner

New York, NY

He/Him

"I won’t let the other side out-work or out-think me."

212-655-3839

Email ZWt3YXJ0YUBoaW5zaGF3bGF3LmNvbQ==

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About Evan

Evan’s practice encompasses all aspects of aviation, mass tort, product liability, and commercial litigation. He has significant experience representing airlines, aircraft lessors, aircraft and component manufacturers, aerospace manufacturers, private aircraft owners, aviation defense contractors, traders, and insurers in federal and state courts at both the trial and appellate levels, as well as in mediation and arbitration.

He regularly represents clients in contract and business tort disputes involving air carriers, lessors, trading and conversion, private operators, and repossessions and counsels aerospace manufacturers in similar matters. Beyond litigation, Evan advises on regulatory compliance, leads contract negotiation and manages complex drafting and revisions, and provides general business counsel.

A key milestone in Evan's career was joining Hinshaw, drawn by its top-tier litigation team, leading aviation and aerospace practices, and collaborative spirit focused on achieving optimal outcomes for clients.

Areas of Focus

Industries:

Services:

Experience

Represents one of the world’s largest aerospace manufacturers in contract and property damage disputes with three customers.
Represents Delta and Endeavor in litigation arising from the Flight 4819 inverted landing.
Obtained a successful settlement on behalf of a large aircraft trader in a dispute with a passenger-to-cargo conversion systems company, resolving issues related to the conversion of dozens of A321-200 aircraft.
Represented one of the world’s largest aircraft lessors in a dispute with an airline and won half the case on summary judgment and half at trial. After the trial, assisted the lessor with redrafting significant portions of its template leases.
Drafted a motion to dismiss that helped settle a wrongful death claim against an air carrier for the onboard death of an infant.

Recognition

The Legal 500, Key Lawyer, 2021
Emory University School of Law, Order of the Advocates; Moot Court Special Teams

Credentials

Education

Emory University School of Law, JD
University of Michigan, BA

Bar Admissions

New York

Court Admissions

US Court of Appeals for the Ninth Circuit
US District Court for the Eastern District of New York
US District Court for the Southern District of New York
US District Court for the Eastern District of Michigan
US District Court for the Northern District of Texas

Thought Leadership

Presentations

Moderator, "eVTOLs: The Shifting Landscape," 94th Annual Meeting, Association of Transportation Law Professionals (ATLP), Toronto, Canada, June 27, 2023

Panelist, "Modal Updates II," 94th Annual Meeting, Association of Transportation Law Professionals (ATLP), Toronto, Canada, June 27, 2023
Moderator, "Violence Against Airline Cabin Crew: Why Violence is on the Rise and the Legal Challenges in Reducing It," 93rd Annual Meeting, Association of Transportation Law Professionals (ATLP), Kansas City, Missouri, June 28, 2022
Aviation Case Law Developments," 93rd Annual Meeting, Association of Transportation Law Professionals (ATLP), Kansas City, Missouri, June 26, 2022
Moderator, "The Boeing 737 MAX Crisis: Causes and Consequences," 92nd Annual Meeting, Association of Transportation Law Professionals, Virtual Event, June 22, 2021

Panelist, "Modal Updates," 92nd Annual Meeting, Association of Transportation Law Professionals (ATLP), Virtual Event, June 15, 2021
Panelist, "Recent Aviation Case Law Developments," 91st Annual Meeting, Association of Transportation Law Professionals, Virtual Event, June 23, 2020

Publications

Co-Author, "The September 11, 2001 Terrorist Attack and Litigation Aftermath," IADC's Defense Counsel Journal, v. 86, no. 2, April 2019

Co-Author, "The 9/11 Litigation: A Retrospective," Southern Methodist University Dedman School of Law Air Law Symposium, 2016

Evan also is a frequent contributor to critical developments in aviation litigation. His articles include:

"U.S. District Court Dismisses Montreal Convention Claim as Time-Barred After Plaintiff's Attorney Cites to Fake Cases with Contrary Holdings," Association of Transportation Law Professionals (ATLP), July 2023
"The U.S. Court of Appeals for the Fifth Circuit Holds that State-Law Claims Brought by Disabled Passengers who Refused to Mask on Flights During Covid are Preempted," Association of Transportation Law Professionals (ATLP) May 2023
Co-Author, "The U.S. District Court for the District of New Jersey Holds that the ACAA Does Not Completely Preempt State Law Negligence Claims and Does Not Present a Substantial Federal Question Necessary for the Exercise of Federal Jurisdiction," Association of Transportation Law Professionals (ATLP), February 2023
"Tenth Circuit Holds that Personal Injury Claims are Not Necessarily Preempted by the Airline Deregulation Act," Association of Transportation Law Professionals (ATLP), December 2022
"U.S. District Court Denies Boeing Motion to Dismiss Fraud and Misrepresentation Claims Arising from 737 MAX Grounding," Association of Transportation Law Professionals (ATLP), October 2022
"U.S. District Court Holds that Airline Deregulation Act Preempts Passenger Claim that Airline Negligently Failed to Prevent Cocaine Being Planted in his Suitcase," Association of Transportation Law Professionals (ATLP), July 2022
"Texas State Court of Appeals Revives Southwest Airlines' Pilots' Union Action Against Boeing Arising from the Grounding of the 737 MAX, Ruling that the Railway Labor Act Does Not Preempt the Union's State-Law Claims because Boeing is not an Air Carrier," Association of Transportation Law Professionals (ATLP), May 2022
"U.S. District Court Reaffirms the Preemptive Effect of the Montreal Convention," Association of Transportation Law Professionals (ATLP), March 2022
"U.S. District Court Dismisses Sexual Assault Claims Against Airline and its Holding Company that Occurred on International Flight for Lack of Personal Jurisdiction and Preemption under the Montreal Convention," Association of Transportation Law Professionals (ATLP), July 2021
"U.S. District Court Holds that Choice of Law Provision in Carrier's Contract of Carriage Applied to All Aspects of Plaintiff's Personal Injury Claim Arising from Rough Landing," Association of Transportation Law Professionals (ATLP), May 2021
"U.S. District Court Upholds Rule that the Montreal Convention Does not Provide a Basis for Personal Jurisdiction," Association of Transportation Law Professionals (ATLP), March 2021
"D.C. Circuit Affirms District Court Decision to Dismiss Malaysia Airlines Flight MH370 Claims on Forum non-Conveniens Grounds," Association of Transportation Law Professionals (ATLP), September 2020
"Federal Court Dismisses Montreal Convention Claims to Germany on Forum non Conveniens Grounds," Association of Transportation Law Professionals (ATLP), July 2020
"Eleventh Circuit Rejects Appeal of Woman Injured because Her Seatbelt was not Fastened," Association of Transportation Law Professionals (ATLP), May 2020
"Federal Court Dismisses State Law Claims Alleging Conspiracy Between Boeing and Southwest Airlines," Association of Transportation Law Professionals (ATLP), February 2020
"No "Acting Under" Federal Question Jurisdiction for Self-Certifying Aircraft Manufacturer," Association of Transportation Law Professionals (ATLP), December 2019
"Airline Wins Motion to Dismiss Arising from Flights Canceled because Airline Ran Out of De-Icer Fluid," Association of Transportation Law Professionals (ATLP), October 2019
"Third Circuit Holds that State-law Aircraft Design Defect Claims are Preempte," Association of Transportation Law Professionals (ATLP), November 2018
"District Court Defendant’s “Sham Affidavit” Argument, and Denies its Summary Judgment Motion on Whether an “Accident” Caused Plaintiff’s Injuries," Association of Transportation Law Professionals (ATLP), March 2018
"District Court Dismisses Claim for Lack of Personal Jurisdiction Against Airline Because Flight Took Place Outside of the United States," Association of Transportation Law Professionals (ATLP), January 2018

Hinshaw Alert

FAA’s Michael Whitaker Appointed Administrator Amidst Industrial and Bureaucratic Turbulence, Dec 6, 2023

Press Release

Experienced Aviation Partner Evan Kwarta Joins Hinshaw in New York, Jul 24, 2023

Interests

Did you know...

If Evan wasn’t a lawyer, he would have like to have been a wildlife photographer.

Thought Leadership

Presentations

Moderator, "eVTOLs: The Shifting Landscape," 94th Annual Meeting, Association of Transportation Law Professionals (ATLP), Toronto, Canada, June 27, 2023

Panelist, "Modal Updates II," 94th Annual Meeting, Association of Transportation Law Professionals (ATLP), Toronto, Canada, June 27, 2023
Moderator, "Violence Against Airline Cabin Crew: Why Violence is on the Rise and the Legal Challenges in Reducing It," 93rd Annual Meeting, Association of Transportation Law Professionals (ATLP), Kansas City, Missouri, June 28, 2022
Aviation Case Law Developments," 93rd Annual Meeting, Association of Transportation Law Professionals (ATLP), Kansas City, Missouri, June 26, 2022
Moderator, "The Boeing 737 MAX Crisis: Causes and Consequences," 92nd Annual Meeting, Association of Transportation Law Professionals, Virtual Event, June 22, 2021

Panelist, "Modal Updates," 92nd Annual Meeting, Association of Transportation Law Professionals (ATLP), Virtual Event, June 15, 2021
Panelist, "Recent Aviation Case Law Developments," 91st Annual Meeting, Association of Transportation Law Professionals, Virtual Event, June 23, 2020

Publications

Co-Author, "The September 11, 2001 Terrorist Attack and Litigation Aftermath," IADC's Defense Counsel Journal, v. 86, no. 2, April 2019

Co-Author, "The 9/11 Litigation: A Retrospective," Southern Methodist University Dedman School of Law Air Law Symposium, 2016

Evan also is a frequent contributor to critical developments in aviation litigation. His articles include:

"U.S. District Court Dismisses Montreal Convention Claim as Time-Barred After Plaintiff's Attorney Cites to Fake Cases with Contrary Holdings," Association of Transportation Law Professionals (ATLP), July 2023
"The U.S. Court of Appeals for the Fifth Circuit Holds that State-Law Claims Brought by Disabled Passengers who Refused to Mask on Flights During Covid are Preempted," Association of Transportation Law Professionals (ATLP) May 2023
Co-Author, "The U.S. District Court for the District of New Jersey Holds that the ACAA Does Not Completely Preempt State Law Negligence Claims and Does Not Present a Substantial Federal Question Necessary for the Exercise of Federal Jurisdiction," Association of Transportation Law Professionals (ATLP), February 2023
"Tenth Circuit Holds that Personal Injury Claims are Not Necessarily Preempted by the Airline Deregulation Act," Association of Transportation Law Professionals (ATLP), December 2022
"U.S. District Court Denies Boeing Motion to Dismiss Fraud and Misrepresentation Claims Arising from 737 MAX Grounding," Association of Transportation Law Professionals (ATLP), October 2022
"U.S. District Court Holds that Airline Deregulation Act Preempts Passenger Claim that Airline Negligently Failed to Prevent Cocaine Being Planted in his Suitcase," Association of Transportation Law Professionals (ATLP), July 2022
"Texas State Court of Appeals Revives Southwest Airlines' Pilots' Union Action Against Boeing Arising from the Grounding of the 737 MAX, Ruling that the Railway Labor Act Does Not Preempt the Union's State-Law Claims because Boeing is not an Air Carrier," Association of Transportation Law Professionals (ATLP), May 2022
"U.S. District Court Reaffirms the Preemptive Effect of the Montreal Convention," Association of Transportation Law Professionals (ATLP), March 2022
"U.S. District Court Dismisses Sexual Assault Claims Against Airline and its Holding Company that Occurred on International Flight for Lack of Personal Jurisdiction and Preemption under the Montreal Convention," Association of Transportation Law Professionals (ATLP), July 2021
"U.S. District Court Holds that Choice of Law Provision in Carrier's Contract of Carriage Applied to All Aspects of Plaintiff's Personal Injury Claim Arising from Rough Landing," Association of Transportation Law Professionals (ATLP), May 2021
"U.S. District Court Upholds Rule that the Montreal Convention Does not Provide a Basis for Personal Jurisdiction," Association of Transportation Law Professionals (ATLP), March 2021
"D.C. Circuit Affirms District Court Decision to Dismiss Malaysia Airlines Flight MH370 Claims on Forum non-Conveniens Grounds," Association of Transportation Law Professionals (ATLP), September 2020
"Federal Court Dismisses Montreal Convention Claims to Germany on Forum non Conveniens Grounds," Association of Transportation Law Professionals (ATLP), July 2020
"Eleventh Circuit Rejects Appeal of Woman Injured because Her Seatbelt was not Fastened," Association of Transportation Law Professionals (ATLP), May 2020
"Federal Court Dismisses State Law Claims Alleging Conspiracy Between Boeing and Southwest Airlines," Association of Transportation Law Professionals (ATLP), February 2020
"No "Acting Under" Federal Question Jurisdiction for Self-Certifying Aircraft Manufacturer," Association of Transportation Law Professionals (ATLP), December 2019
"Airline Wins Motion to Dismiss Arising from Flights Canceled because Airline Ran Out of De-Icer Fluid," Association of Transportation Law Professionals (ATLP), October 2019
"Third Circuit Holds that State-law Aircraft Design Defect Claims are Preempte," Association of Transportation Law Professionals (ATLP), November 2018
"District Court Defendant’s “Sham Affidavit” Argument, and Denies its Summary Judgment Motion on Whether an “Accident” Caused Plaintiff’s Injuries," Association of Transportation Law Professionals (ATLP), March 2018
"District Court Dismisses Claim for Lack of Personal Jurisdiction Against Airline Because Flight Took Place Outside of the United States," Association of Transportation Law Professionals (ATLP), January 2018