Contact
(844) 562-3572
[email protected]
TextBack Number
+1Â 877-721-2590
Deliveries:
354 Eisenhower Parkway
Suite 1250
Livingston, NJ 07039
- Additional Office Locations
(844) 562-3572
[email protected]
TextBack Number
+1Â 877-721-2590
Deliveries:
354 Eisenhower Parkway
Suite 1250
Livingston, NJ 07039
The aviation industry operates within one of the most complex and heavily regulated legal environments in the United States. Federal statutes, Federal Aviation Administration (FAA) regulations, National Transportation Safety Board (NTSB) investigative procedures, international aviation treaties, and state tort law all intersect in ways that demand specialized legal knowledge and experience. Whether you are a private pilot, a commercial air carrier, an aircraft owner, an airport operator, or an aviation business, the legal questions you face are unique, and the consequences of getting them wrong can be severe. At The Law Office of Barry E. Janay Law, our aviation attorney in New Jersey provides sophisticated, informed legal counsel to clients across the full spectrum of aviation law.
Aviation law encompasses a remarkably broad range of legal issues. On any given day, our aviation clients may be dealing with FAA enforcement actions, certificate revocations, aircraft purchase and sale transactions, hangar lease agreements, aviation insurance disputes, product liability claims arising from aircraft or component defects, workplace safety and employment matters affecting aviation workers, or the complexities of international flight operations. Each of these areas requires an attorney who understands not just general legal principles, but the specific regulatory and technical context in which aviation operations occur.
The FAA’s role in aviation law cannot be overstated. The FAA regulates virtually every aspect of civil aviation in the United States, from the certification of aircraft and airmen to the oversight of air traffic control systems and airport operations. Violations of FAA regulations, even inadvertent ones, can result in civil penalties, certificate suspensions or revocations, and other serious consequences for pilots and aviation businesses. Responding effectively to FAA enforcement actions requires an attorney who understands FAA procedures, the legal standards governing enforcement discretion, and the options available for contesting or appealing adverse determinations.
Similarly, the NTSB plays a critical role in aviation law through its investigation of aircraft accidents and incidents. NTSB investigations can lead to findings of probable cause that have significant implications for civil litigation, insurance claims, and regulatory proceedings. Understanding how to protect your interests during an NTSB investigation, including when and how to engage with investigators, what information is privileged, and how investigation findings can be used in subsequent proceedings, requires specialized legal knowledge that general practice attorneys simply may not possess.
One of the most common services provided by our aviation law practice involves aircraft transactions, the purchase, sale, and leasing of aircraft. These transactions are far more complex than the sale of other personal property, involving title searches through the FAA Aircraft Registry, analysis of maintenance records and airworthiness directives, review of existing liens and encumbrances, escrow arrangements, pre-purchase inspection coordination, and the drafting and review of detailed purchase agreements. A mistake in any of these areas can result in the acquisition of an aircraft with undisclosed defects, unresolved title issues, or hidden financial encumbrances.
Aircraft title is governed by the FAA’s Aircraft Registry in Oklahoma City, which maintains records of aircraft ownership and liens. Before any aircraft transaction closes, a thorough title search of the FAA registry is essential to confirm that the seller has a clear title and that there are no outstanding liens or claims against the aircraft. Our attorneys conduct or coordinate comprehensive title searches and advise clients on how to address any title issues discovered before closing.
Pre-purchase inspections are another critical component of aircraft transactions. While our attorneys do not conduct mechanical inspections ourselves, we work closely with clients and their chosen aviation maintenance technicians to ensure that inspection findings are properly evaluated from a legal and contractual perspective. If an inspection reveals undisclosed defects or airworthiness issues, we advise clients on their options, including negotiating price adjustments, requiring repairs as a condition of closing, or walking away from the transaction entirely.
Aircraft leasing, both wet leases (where the lessor provides the aircraft with crew) and dry leases (where the lessee provides its own crew), presents its own complex legal landscape, including FAA operational control issues, insurance requirements, and liability allocation. Our attorneys draft and review lease agreements that clearly allocate risk between the parties and comply with applicable FAA regulations. We also advise on the tax implications of aircraft leasing, which can be significant depending on how the transaction is structured.
For clients purchasing aircraft through financing, we work with lenders and borrowers to structure secured lending transactions that comply with FAA requirements for the registration of security interests in aircraft. The Cape Town Convention, an international treaty governing security interests in aviation assets, may also be relevant for transactions involving aircraft subject to international operations, and our attorneys are familiar with its requirements and implications.
Receiving notice of an FAA enforcement action is one of the most stressful experiences a pilot or aviation professional can face. Whether you have received a Letter of Investigation (LOI), a Notice of Proposed Certificate Action, or an Emergency Order, the stakes are high, and the procedural requirements are strict. An aviation attorney in New Jersey at LOBEJ Law can help you understand your rights and options, respond strategically to FAA inquiries, and pursue the most favorable resolution available given the specific facts of your situation.
The FAA’s enforcement process typically begins with a Letter of Investigation (LOI), which notifies you that the agency is investigating a potential regulatory violation and invites your response. How you respond to an LOI, and whether you respond at all without legal counsel, can have significant implications for the outcome of the investigation. In some cases, a well-crafted response that provides context and demonstrates remedial action can lead the FAA to close the investigation without further action. In others, the decision of whether to engage in a compliance program or contest the alleged violation requires careful legal analysis.
If the FAA proceeds with enforcement, it may issue a civil penalty or propose to suspend or revoke your pilot certificate or other airman certificate. You have the right to contest these actions through the NTSB’s Office of Administrative Law Judges and, ultimately, through the federal court system. Our attorneys are familiar with the administrative appeals process and have the knowledge and skill to mount effective defenses against FAA enforcement actions. We also advise clients on the NASA Aviation Safety Reporting System (ASRS), a voluntary reporting program that, in certain circumstances, provides a waiver of FAA sanctions.
Aviation medical certificate issues are another significant area of concern for pilots. The FAA’s medical certification standards can disqualify pilots with certain medical conditions, and the process for obtaining special issuances, deferrals, or other accommodations can be complex and time-consuming. Our attorneys advise pilots on their rights and options when medical certification issues arise, including the availability of BasicMed as an alternative to traditional FAA medical certification for certain operations.
Aviation accidents, even minor ones, can give rise to complex liability claims involving multiple parties, multiple insurance policies, and intricate questions of federal and state law. Whether you are a pilot, aircraft owner, maintenance technician, airport operator, or aviation business facing a liability claim, having experienced legal counsel is essential to protecting your interests. LOBEJ Law’s aviation law practice advises clients on all aspects of aviation liability, from initial incident response through litigation if necessary.
One of the threshold questions in any aviation liability case is whether federal law preempts state law claims. The Federal Aviation Act and related federal regulations preempt certain state tort claims in aviation cases, and whether federal preemption applies can significantly affect both the theories of liability available to plaintiffs and the defenses available to defendants. Our attorneys analyze preemption issues carefully and advise clients on how federal and state law interact in the context of their specific claims or defenses.
Aviation insurance disputes are another area of frequent legal need. Aviation insurance policies are specialized products with unique terms and conditions, and disputes over coverage, including disputes over whether a loss is covered, whether a policyholder has complied with policy conditions, or whether the insurer has properly valued a claim, require attorneys who understand both aviation operations and insurance law. We represent both policyholders and others with interests in aviation insurance proceeds in disputes with aviation insurers.
Our broader practice at LOBEJ Law supports our aviation clients with a full suite of complementary legal services. Our Business Law team assists aviation companies with entity structure, contracts, and commercial matters. Our Real Estate attorneys handle hangar leases and aviation-related property transactions. For aviation workers or companies facing employment or civil rights issues, our Civil Rights and Criminal Law Defense teams provide experienced counsel. If financial difficulties arise, our Bankruptcy Debtor Collection practice helps clients navigate debt relief options. Our Commercial Collections team assists aviation businesses in recovering unpaid receivables, and our Wills, Trusts, and Estate attorneys help aviation professionals and business owners plan for the future, including the disposition of aircraft assets.
Contact LOBEJ Law today to speak with an experienced aviation attorney in New Jersey and learn how we can support your aviation legal needs.
Q1: What types of clients does LOBEJ Law’s aviation law practice serve?
LOBEJ Law’s aviation law practice serves a broad range of clients, including private pilots, student pilots facing certificate actions, aircraft owners, flight schools, charter operators, fixed-base operators (FBOs), aircraft maintenance facilities, aviation insurance policyholders, and businesses involved in aircraft manufacturing or distribution. We also serve individuals and families involved in aviation accident claims as injured parties or as defendants. Whether your aviation legal issue is transactional, regulatory, or litigation-related, our aviation attorney team in New Jersey is equipped to help.
If you receive a Letter of Investigation from the FAA, you should contact an aviation attorney before responding. While you generally have the option to respond to the LOI, what you say and how you say it can significantly affect the outcome of the investigation. An attorney can review the facts of your situation, advise you on your rights and options, and help you craft a response that puts you in the best possible position. Acting quickly is important, as LOIs typically have a response deadline. Do not ignore an LOI or respond to it without legal counsel.
Yes, LOBEJ Law’s aviation attorneys provide comprehensive legal support for aircraft purchase transactions, including title searches through the FAA Aircraft Registry, review and drafting of purchase agreements, coordination with escrow services, review of maintenance records and airworthiness directives from a legal perspective, and advice on financing and lien issues. Aircraft transactions involve significant financial stakes and complex legal requirements, and having an experienced attorney on your side helps ensure that the transaction closes smoothly and that your interests are fully protected.
If the FAA proposes to suspend or revoke your pilot certificate, you have the right to request a hearing before an NTSB Administrative Law Judge. You may also be entitled to appeal an adverse decision to the full NTSB and, ultimately, to a federal court of appeals. The procedural and substantive requirements for contesting certificate actions are complex, and the outcome can significantly affect your ability to fly professionally or as a hobbyist. An aviation attorney can advise you on the grounds for contesting the action, help you gather and present evidence in your favor, and advocate for you throughout the administrative and appellate process.
The federal government, through the FAA, has broad preemptive authority over aviation safety regulations, meaning that most aviation safety matters are governed by federal rather than state law. However, state law still applies to many aspects of aviation, including property rights related to airports and airspace, contract law governing aircraft transactions and leases, tort liability for aviation accidents to the extent not preempted by federal law, and employment law affecting aviation workers. New Jersey’s specific statutes and court decisions may be relevant in any given aviation legal matter, and our attorneys are familiar with the interplay between federal aviation law and New Jersey state law.
The below conversational form is designed to help us better understand your needs and determine how we can assist you most effectively. Please answer the questions to the best of your ability.
Phone
(844) 562-3572
Email
[email protected]
Fax
(908) 379-8754
Primary Address
354 Eisenhower Parkway Suite 1250 Livingston, NJ 07039
New York Office
90 Broad St. 25th Floor, New York, NY 10004
Satellite Office
766 Shrewsbury Ave., Suite E-202 Tinton Falls, NJ 07724