Baumeister and Samuels P.C.
One Exchange Plaza
New York, New York 10006

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

Recent Developments :

Continental Connection Flight 3407


The following are excerpts from the acclaimed book by Gary M. Pomerantz, Nine Minutes, Twenty Seconds The Tragedy and Triumph of ASA Flight 529, Crown Publishers September 2001:

“The third attorney was different . . .He talked directly to Jennifer. . . She also appreciated that Baumeister stayed in touch with that family [a Pan Am 103 family] as well as other past clients. To her, he seemed less business-like, more personal than the other attorneys. . .Baumeister noticed Jennifer’s wide, sympathetic eyes. Her head had been shaved, her hair only beginning to grow back, and her body was covered in bandages. Baumeister marveled at her resilience and sense of humor. . . . He believed the jury would see her as an absolute hero.

Before leaving [the hospital], Baumeister said ‘Jennifer, I am very tactile as a trial attorney. People often accuse me of getting in the jury box’. He asked to touch her. ‘But I don’t want to hurt you. Is there any part of you that doesn’t hurt?’ ‘The top of my head’, Jennifer replied. ‘Can I touch you there?’ he asked. She nodded. Baumeister touched the top of her head, softly, then said ‘it would be an honor to represent you’.”


“In 1992, Baumeister . . .in the Pan Am 103 trial. . . .cross-examined Pan Am’s chairman, Thomas Plaskett; he worked with the enthusiasm of a mastiff that had come upon a soup bone. He sensed Plaskett being defiant on the witness stand, taking him on. Okay, Baumeister told himself, all bets are off. Baumeister slammed down one of his props - a dictionary - on his podium. Then, his voice rising, his tone and his questions combative, Baumeister used his leg for leverage, steadily inching the podium closer, closer, closer to Plaskett. ‘Counsel has got... the podium... halfway up to the jury box and he’s practically in the witness’s face,’ the defense attorney charged. . . . Then minutes later, facing his witness anew, Baumeister pushed the podium forward again as the defense attorney roared, ‘There he goes again!’. . . . It was vintage, New York in-your-face Mitch Baumeister.”


“Mitch Baumeister. . .liked to describe himself as an. . . underdog fighting for the ‘little guy.’ Raised in the City, his father a fireman, Baumeister came of age during the sixties and fused that decade's social fervor with his own Gotham–style resourcefulness and grit. He'd come home from Vietnam in 1969 and gone to law school at Seton Hall, on the GI bill.”

 

 

Michel F. Baumeister

A renowned trial attorney for more than 30 years, Mitch Baumeister has concentrated his practice in the field of aviation accident and complex tort litigation. Prior to his entry into private practice, he served as an Assistant District Attorney in Manhattan. During his tenure in this office, he handled dozens of major trials including several high visibility cases involving homicide, robbery and rape. Following his term as a trial attorney at the state prosecutor's office, Mitch was appointed an Assistant United States Attorney for the Southern District of New York. While serving as a federal prosecutor, he conducted an international investigation that resulted in the first successful tax fraud indictment and verdict in the commodity futures field.

Combining his extensive trial background with more than 40 years of aviation experience as a pilot, Mitch's career has been dedicated to helping air crash victims and their families receive proper and adequate compensation, as well as to making improvements in aviation safety. He has served as a leading Member of the Plaintiffs' Steering and Executive Committees in every major airline disaster in which the firm has represented victims and their families.

In the aftermath of an aviation mass disaster, Mr. Baumeister is routinely contacted by Members of media organizations for his analysis of the incident. He has made numerous appearances on both television and radio broadcasts in the U.S. and internationally, and is frequently quoted in the print media as well.

Mr. Baumeister is the holder of a commercial pilot's license with an instrument rating for various aircraft. He received his J.D. in 1972 from Seton Hall University Law School where he was an Editor of the Law Review. In 1978, he earned an LL.M. in International Law from New York University School of Law. He is a contributing editor on aviation law for the New Jersey Law Journal, a Member of the Editorial Board of the Aviation Litigation Reporter and Adjunct Professor of aviation law at Seton Hall University Law School.

Publications

Mitch Baumeister authored and coauthored the following:

• "Criminalizing Aviation Misconduct: ValuJet and Beyond – The Trend and Issues Faced by the Aviation Community," coauthored with Thea Capone, and delivered at Southern Methodist University School of Law Air Law Symposium in February 2001;

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

• "The Impact of the Recent Second Circuit Court of Appeals Decision and the Amendment to the Death on the High Seas Act on the TWA Flight 800 Litigation," published by the Association of Trial Lawyers of America, 2000;

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

• “Admissibility Standards As Politics - The Imperial Gate Closers Arrive,” coauthored with Thea Capone, 4 Seton Hall Law Review 33, 2003;

• "The Role of Expert Witnesses in Aviation Disaster Litigation" published by the Tort and Insurance Practice Section of the American Bar Association, 1998;

• "The Development of Federal Common Law in Warsaw Convention Cases and Specifically Non-Pecuniary Recovery Under the Warsaw Convention's Damage Limitation" published by the Association of Trial Lawyers of America, 1995.

Other Current and Past Positions

• Arbitrator, International Court of Aviation and Space Arbitration, 1994 - Present;
• Member, Toxic Law Reporter Board of Advisors, 1993 - Present;
• Contributing Editor, Aviation Law, New Jersey Law Journal, 1986 - Present;
• Member, Advisory Committee of Attorneys to the Grievance Committee of U.S. District Court Judges, Southern District of New York, 1983 - Present;
• Adjunct Professor, Aviation Law, Seton Hall University School of Law, 1985 - Present;
• Member, Task Force on Victims Compensation Fund, 2001;
• Member, Toxic Law Reporter Board of Advisors, 1993;
• Member, Editorial Advisory Board, Aviation Litigation Reporter, 1989;

Lectures/Presentations

Mr. Baumeister is frequently called upon to lecture in the area of aviation litigation and other complex litigation, including the following most recent programs:

• Panel Member, “Punitive Damages in Aviation Cases - The Lessons Learned in the Comair Flight 5191 Litigation,” ABA Torts and Insurance Practice Section, Aviation & Space Law Committee Annual Symposium, Washington, D.C., October 2008;

• “Federal Tort Reform - States and Trends,” for the Tort and Insurance Practice Section of the American Bar Association, Washington, DC, October 2003;

• “September 11th Report,” delivered at the American Bar Association’s Annual Aviation Litigation Seminar, New York, NY, June 2003;

• Trauma and Grief presentation to the Second Annual Family Assistance Foundation, Atlanta, GA, March 2003;

• “Expert Reality Standards - Too High, Too Low, or Just Right?” Seton Hall University School of Law Symposium, Newark, NJ, February, 2003;

• September 11th, 2001 Panel discussion, United States Aviation Underwriters Airline Symposium, New York, NY, January, 2003;

• “The Aftermath of 9/11,” ABA Tort and Insurance Practice Section, Aviation & Space Law Committee Annual Symposium, Washington, DC, October 2002;

• “World Trade Center and the Liability Consequences of 9/11," Beaumont Garnault 5th International Aviation Conference, London, England, July 2002;

• Victim Compensation Fund Panel for the ABA Aviation Litigation Committee Seminar, New York, NY, June 2002;

• “Legal Issues Arising from Acts of Terrorism and Anti-Terrorism Efforts,” Association of the Federal Bar of the State of New Jersey, United States Judicial Conference for the District of New Jersey, March 2002;

• Panelist in a mock mediation conducted at the Tort and Insurance Practice Section of the American Bar Association, October 2001;

• "The Ins and Outs of Aviation Litigation," at the Annual Meeting of the Litigation Committee of the American Bar Association, New York, NY, June, 2001;

• "The Aftermath of an Air Disaster: Action, Reaction and Interaction," IATA Annual Meeting, New York, NY, April, 2001;

• "Criminalizing Aviation Misconduct," Southern Methodist University School of Law, February, 2001;

• "AVCON 2000 - Legal Issues," a panel discussion highlighting issues in the field of international aviation litigation, London, England, October 2000;

• "Status Report on Major Air Crash Litigation" presented at the Association of Trial Lawyers of American, Aviation Law Section, Chicago, IL, July, 2000;

• "Challenges in the New Millennium" at the Annual Meeting of the Litigation Committee of the American Bar Association, New York, NY, June 2000;

• "The Future of Multidistrict Litigation" at the ABA Section of Litigation Aviation Litigation Seminar, New York, NY, June, 2000;

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

• "From the Trial Masters: Questions and Answers on Litigation Techniques and Tactics" at the ABA Aviation Litigation Committee Annual Meeting, Seattle, WA, April 2000;

• Moderator, Aviation Insurance Panel at the Annual SMU Air Law Symposium, Dallas, TX, February 2000;

• "Effective Jury Communication" at the Federal Bar Council's Annual Meeting, Phoenix, AZ, February 2000;

• Family Member Representative at the National Transportation Safety Board/Rand Institute for Civil Justice study;


 

Bar Admissions

New York
New Jersey
Florida

Memberships

American Bar Association: Chair, Tort and Insurance Practice Section, Aviation & Space Law Committee, 1997-98; Chair, Toxic and Hazardous Substance and Environmental Law Committee, 1995-96; Chair, Section of Science and Technology, Aerospace Law Division, 1997-98; Former Vice Chair, Litigation Section, Aviation Litigation Committee; Member: Section Task Force on Class Action Litigation, Task Force on Plaintiff Involvement, and Mass Tort Litigation Committee

American Association of Justice: Chair, Aviation Law Section, 1995-96; Member: Toxic, Environmental and Pharmaceutical Torts, 1993-94

Fellow, International Society of Barristers, New York State Chair, 2005 - Present

Fellow, International Academy of Trial Lawyers

New York State Bar Association: Member, Committee on Aviation Law, Torts, Insurance & Compensation Law Section; Environmental Law Section

National Transportation Safety Board Bar Association

Lawyer-Pilots Bar Association: Past Chair, New York State

New York State Trial Lawyers Association

Trial Lawyers for Public Justice

New Jersey State Bar Association: Past Chair, Aviation Law Committee; Former Member, Toxic & Environmental Committee

Association of the Federal Bar of the State of New Jersey

Federal Bar Council: Member, Committee on Second Circuit Courts

Advisory Committee of Attorneys to the Grievance Committee, United States District Court Judges for the Southern District of New York

Arbitrator for the International Court of Aviation and Space Arbitration

Aircraft Owners' and Pilots' Association

Seaplane Pilots Association



One Exchange Plaza
New York, New York 10006

212-363-1200 Phone - 212-363-1346 Fax
Email us at : mail@baumeisterlaw.com