education

Tulane Law School (J.D., 1983), cum laude
Vanderbilt University (B.A., 1980), cum laude

related practices

related industries

bar admissions

Florida
Louisiana

court admissions

Florida State Courts
U.S. Court of Appeals, Eleventh Circuit
U.S. Court of Appeals, Fifth Circuit
U.S. District Court, Middle District of Florida
U.S. District Court, Southern District of Florida
U.S. District Court, Eastern District of Louisiana
U.S. District Court, Middle District of Louisiana
U.S. District Court, Western District of Louisiana

Emmet J. Schwartzman

Shareholder

eschwartzman@carltonfields.com

Miami

T: 305.539.7231

F: 305.530.0055

vCard

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Emmet Schwartzman has been a leader in the field of aviation defense litigation since the 1982 crash of a Pan Am Boeing 727 near New Orleans. His broad aviation litigation experience includes the defense of airlines in catastrophic losses such as the 1995 American Airlines Boeing 757 crash near Cali, Colombia. He led the defense of over 100 passenger claims arising from the crash of a commercial passenger jet in Bolivia in 2008, as well as a wide variety of other injury and death cases. Examples include turbulence incidents, in-flight heart attacks, jetbridge falls, airport ramp accidents and passenger ejectment/denied boarding claims. Mr. Schwartzman regularly represents airlines, ground service handlers and other aviation industry and insurance interests on a statewide basis in Florida. His experience extends to international claims brought in the United States that are governed by the Warsaw Convention or the Montreal Convention, including foreign accidents subject to dismissal based on the doctrine of forum non conveniens.

Mr. Schwartzman's legal skills extend beyond aviation litigation. He has experience managing mass tort and multidistrict litigation. He has defended college campus wrongful death and sexual assault cases. His experience in premises liability litigation ranges from slip and fall accidents in retail stores to negligent security claims involving murder, rape, assault, and robbery. In addition, he defends construction site accident cases for general contractors and their subcontractors.

Mr. Schwartzman was selected for inclusion in Who's Who Legal, The International Who's Who of Business Lawyers, Aviation 2012 and he is AV rated by Martindale-Hubbell.

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Representative Experience

Defense of 85 passenger claims brought in Florida against Lloyd Aereo Boliviano in U.S. litigation arising from a 2008 Boeing 727 crash near Trinidad, Bolivia.
Defense of American Airlines in federal multidistrict litigation in Miami, Florida arising from 1995 Boeing 757 accident near Cali, Colombia.
Defense of Pan American World Airways in federal multidistrict litigation in New Orleans, Louisiana arising from 1982 Boeing 727 crash in Kenner, Louisiana.
Defense of American Airlines in federal multidistrict litigation in Miami, Florida and St. Croix, U.S.V.I. arising from Airbus A300 turbulence incident over Caribbean Sea.

Representative Cases:

Ganiko v. Ganiko, 826 So.2d 391 (Fla. 1st DCA 2002) (although daughter-in-law's alleged failure to repay loan brought action within ambit of long-arm statute, daughter-in-law did not have sufficient contacts with state to subject her to personal jurisdiction in Florida).
De Varona v. Discount Auto Parts, LLC, 2012 WL 4039807 (S.D. Fla. Sept. 13, 2012) (amended complaint disallowed in commercial premises liability case).
Jiminez-Carillo v. Autopart Intern., Inc., 2012 WL 3601612 (S.D. Fla. Aug. 22, 2012) (apex depositions).
Scipione v. Advance Stores Co., Inc., 2012 WL 3105199 (M.D. Fla. July 31, 2012) (fraudulent joinder in premises liability case).
Hamil v. United Continental Holdings, Inc., 2012 WL 2817271 (M.D. Fla. July 10, 2012) (dismissal of Montreal Convention claim).
De Varona v. Discount Auto Parts, LLC, 2012 WL 2334703 (S.D. Fla. June 19, 2012) (plaintiff’s initial disclosures were inadequate).
De Varona v. Discount Auto Parts, LLC, 2012 WL 2152820 (S.D. Fla. June 14, 2012) (dismissal with prejudice of store manager who was fraudulently joined).
De Varona v. Discount Auto Parts, LLC, 2012 WL 1730951 (23 Fla. L. Weekly Fed. D253, S.D. Fla. May 16, 2012) (fraudulent joinder in premises liability case).
Cruz v. Advance Stores Co., Inc., 2012 WL 423342 (S.D. Fla. February 10, 2012) (summary judgment for retail store in assault & battery case).
Felix v. American Airlines, Inc., 2003 U.S. Dist. LEXIS 10362 (D.V.I. 2003) (turbulence case).
Watson v. American Airlines, Inc., 2003 U.S. Dist. LEXIS 7360 (D. Md. 2003) (food poisoning case).
Siek v. American Airlines, Inc., 2002 U.S. Dist. LEXIS 16831 (S.D. Fla. 2002) (baggage).
Marotte v. American Airlines, Inc., 296 F.3d 1255 (11th Cir. 2002) (assault of passenger by gate agent).
Siek v. American Airlines, Inc., 2002 U.S. Dist. LEXIS 16567 (S.D. Fla. 2002) (baggage).
Siek v. American Airlines, Inc., 2002 U.S. Dist. LEXIS 15497 (S.D. Fla. 2002) (baggage).
Watson v. American Airlines, Inc., 2002 U.S. Dist. LEXIS 11143 (D. Md. 2002) (food poisoning case).
Buchbinder v. American Airlines, Inc., 2002 U.S. Dist. LEXIS 5714 (S.D. Fla. 2002) (food poisoning case).
Marotte V. American Airlines, Inc., 159 F. Supp. 2d 1374 (S.D. Fla. 2001) (assault of passenger by gate agent).
Blake v. American Airlines, Inc., 245 F.3d 1213 (11th Cir. 2001) (denied boarding under Warsaw Convention).
Belak v. American Airlines, Inc., 2001 U.S. Dist. LEXIS 2742 (S.D. Fla. 2001) (boarding accident).
In re American Airlines, Inc. Flight 869 Turbulence Incident of January 17, 1996, 128 F. Supp. 2d 1367 (S.D. Fla. 2001) (turbulence case).
Lizarraga v. American Airlines, Inc., 2000 U.S. Dist. LEXIS 14843 (S.D. Fla. 2000) (personal injury in cargo facility).
Pina v. American Airlines, Inc., 2000 U.S. Dist. LEXIS 8497 (S.D. Fla. 2000) (Warsaw Convention preempts a passenger's claim under state law against an airline for loss of carry-on baggage, even though the plane was on the ground on the United States at the time of the loss).
American Airlines, Inc. v. Mejia, 766 So.2d 305 (Fla. 4th DCA 2000) (civil union in Colombia not recognized as marriage under Florida's wrongful death act).
Blake v. American Airlines, Inc., 90 F. Supp.2d 1265 (S.D. Fla. 2000) (denied boarding under Warsaw Convention).
American Airlines v. Montero, 741 So.2d 587 (Fla. 3rd DCA 1999) (air crash death case).
Concerned Parents of Jordan Park v. Housing Authority of St. Petersburg, 934 F. Supp. 406 (M.D. Fla. 1996) (lead paint case).
Atlantic Gun Collectors Association, Inc. v. Cecilio, 570 So. 2d 1152 (Fla. 3rd DCA 1990) (child killed at gun show).
Bode v. Pan American World Airways, Inc., 786 F.2d 669 (5th Cir. 1986) (mental distress from plane crash).

Publications

12.18.2012	Co-Author, “Personal Injury—Defendant Entitled to Discovery Regarding Extent of Relationship Between Plaintiff’s Lawyer and Plaintiff’s Doctor,” Carlton Fields Web article (December 18, 2012).
07.12.2012	Client Alert: “Premises Liability – No Duty to Preserve Surveillance Videos Without a Specific Written Request” (July 12, 2012).
02.25.2005	Client Alert: Sky Docket (Winter 2005).
11.29.2004	Client Alert: Sky Docket (Fall 2004).
08.23.2004	Client Alert: Sky Docket (Summer 2004).
04.15.2004	Client Alert: Sky Docket (Spring 2004).
02.11.2004	Client Alert: Sky Docket (Winter 2004).
01.31.2000	"The Evolution of the Warsaw System and the Current Status and Future of Air Carrier Liability for Passenger Bodily Injury or Death," Skywritings: The Newsletter of Aerospace Law Committee, Defense Research Institute (2000).

Speaking Engagements

“Get Out and Stay Out: Air Carrier Liability for Passenger Ejectment and Denied Boarding,” Embry-Riddle Aeronautical University Aviation Law/Insurance Symposium, Daytona Beach, FL
“Cooperation Agreement Between Airlines,” IATA Aviation Training and Development Institute, Miami, FL

Professional Recognition