Baumeister and Samuels P.C.
140 Broadway, 46th Floor
New York, New York 10005

212-363-1200 Phone - 212-363-1346 Fax


Recent Developments

Crash of EMB-500 Phenom 100 on December 8, 2014

Malaysia Airlines

Flight MH 17

Malaysia Airlines Flight

MH 370

Areas of Practice

International, Domestic and
Regional Airline Accidents

General Aviation Accidents

Helicopter Accidents

Personal Injury, Wrongful Death and Other Complex Litigation

Product Liability

Premises Liability

Medical and Hospital Negligence

Toxic Tort Litigation



Dorothea M. Capone

Thea Capone, a partner in the firm, has been part of Baumeister & Samuels since its inception and has worked with Mitch Baumeister for more than 30 years. She has been involved in every major case handled by the firm, including most recently Continental Connection Flight 3407, Comair Flight 5191, the World Trade Center September 11th Litigation, and the Pan Am Flight 103 Libya terrorist litigation. Thea represented the families of more than 50 individuals who lost their lives in the September 11, 2001 terror attacks in hearings before the Special Master for the federal Victims Compensation Fund, a legislative alternative to litigation, and has extensive experience interacting with and assisting family members involved in a catastrophic disaster working closely with each of the firm's clients.

Thea is a member of the Governing Council for the Tort and Insurance Practice Section of the American Bar Association.  In addition, she serves as the Council's Liaison to the American Bar Association's Commission on the American Jury Project, and is a faculty member for the Tort Trial & Insurance Practice Section and The American Board of Trial Advocates National Trial Academy that prepares young lawyers for successful careers as trial lawyers.  Thea is also a member of the Tort Trial & Insurance Practice Section Continuing Legal Education Board, the Plaintiffs' Policy Task Force, the Section Conference Task Force, the Scholarship Fund Board, and is the former Chair of the Aviation and Space Law Committee.

Thea received her Juris Doctorate degree from St. John’s University School of Law in 1998.



Ms. Capone authored and co-authored the following:

• “A Look at Punitive Damages From the Plaintiffs Perspective,” Litigating the Aviation Case: From Pre-Trial to Closing Argument, Third Edition, Ed. A. J. Harakas, ABA Publishing, 2008;

• “Admissibility Standards As Politics - The Imperial Gate Closers Arrive,” co-authored with Mitch Baumeister, 4 Seton Hall Law Review 33, 2003;

• "Criminalizing Aviation Misconduct: ValuJet and Beyond – The Trend and Issues Faced by the Aviation Community," co-authored with Mitch Baumeister, Journal of Air Law and Commerce, Southern Methodist University Air Law Symposium, February 2001;

• "The Application of Current U.S. Product Liability Law to Commercial Aviation Disasters - In The End Does It Really Matter?" co-authored with Mitch Baumeister, and presented at the Aviation Product Liability Conference sponsored by Barlow, Lyde & Gilbert, London, England, May 2000;

• "DOHSA – The Impact the Second Circuit Court of Appeals Decision and the Recent Amendment Will Have on the TWA Flight 800 Litigation" published in the Spring/Summer 2000 newsletter of the Association of Trial Lawyers of America;

• "Issues Confronting Plaintiffs' Lawyers Handling Product Liability Actions Arising Out of Aviation Mass Disaster Actions Now and Into the Next Century" co-authored with Mitch Baumeister, and delivered at the Aviation Law/Insurance Symposium conducted by Embry Riddle Aeronautical University in Daytona Beach, Florida in January 1999; and

• "The Unique Causation Burdens Facing the Toxic Tort Plaintiff - An Argument for Application of the Substantial Factor Test," New York Environmental Lawyer, Vol. 17, No. 1, Winter 1997, New York State Bar Association. Ms. Capone won a distinguished writing award for this piece.

Ms. Capone has participated in the following seminars and symposiums:

• Chair and Host, ABA Torts Trial & Insurance Practice Section, Aviation & Space Law Committee, Annual Symposium, Washington, D.C., October 2008;

• Planning Committee Chair and Moderator, ATC Litigation Panel, ABA Torts Trial & Insurance Practice Section, Aviation and Space Law Committee, Washington, D.C., October 2007;

• Judge, ABA Student Division Region 2 Negotiation Competition, St. John’s University School of Law, Jamaica, NY, November 2006;

• Moderator, Southern Methodist University Air Law Symposium, Dallas, TX, February 2006;

• Moderator, Panel on “Recent Developments in Aviation Law,” ABA Torts Trial & Insurance Practice Section, Aviation and Space Law Committee, Washington, D.C., November 2005;

• Planning Committee Chair, ABA Torts Trial & Insurance Practice Section, Aviation and Space Law Committee Program, Washington, D.C., October 2003; and

• Family Assistance Foundation, Second Annual Symposium, Atlanta, GA, March 2003.



New York
New Jersey


American Bar Association: Former Chair, Aviation and Space Law Committee, Tort and Insurance Practice Section; Member, Aviation Litigation Committee, Litigation Section; Member, Women's Advocate Subcommittee; Mass Tort Litigation Committee; Fellow, American Bar Foundation.

American Association of Justice (formerly ATLA): Member, Aviation Section; Toxic, Environmental and Pharmaceutical Torts

International Aviation Women’s Association

New York State Bar Association: Committee on Aviation Law, Torts, Insurance and Compensation Law Section

New Jersey State Bar Association

The Association of the Bar of the City of New York: Member, Aeronautics Committee

Southern Methodist University Air Law Symposium Board of Advisors

Lawyer-Pilots Bar Association

140 Broadway, 46th Floor
New York, New York 10005

Toll Free Phone - 866-363-1200

212-363-1200 Phone - 212-363-1346 Fax
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