Marc S. Moller
Marc S. Moller is a trial and appellate lawyer who has been a partner in the law firm of Kreindler & Kreindler LLP for more than thirty years. For most of his professional career he has represented plaintiffs in commercial aviation accident, mass disaster and other wrongful death and personal injury cases and won awards for them either through trial or settlement, many of which set records for recoveries in the jurisdiction in which the actions were filed. Mr. Moller is a Fellow of the American College of Trial Lawyers, has been appointed Lead Counsel or Chairman of the Plaintiffs’ Steering Committees in numerous mass disaster cases and served as Special Trial Counsel. Mr. Moller’s extensive aviation litigation experience has led to awards and settlements in cases involving virtually every type of commercial and general aviation aircraft, corporate jet and charter aircraft, helicopters and military aircraft in operation today. His services also have been sought as a consultant to counsel in litigation brought outside of the United States when the United States jurisdiction requirements cannot be satisfied.
Mr. Moller was the Plaintiffs’ Liaison Counsel in tort litigation in the United States District Court for the Southern District of New York arising from the September 11, 2001 terrorist attacks. By virtue of his involvement in 9/11-related litigation and other terrorist attacks on aircraft he has gained a unique perspective into the legal and practical issues the threat of terrorism presents to the aviation industry. Through the resolution of 9/11 wrongful death claims and other disaster cases, Mr. Moller has developed practical insight into the litigation and settlement of multi-party claims and the creation of “special funds” and how to distribute “settlement” proceeds.
Other recent cases in which he is or was actively involved include: the February 25, 2009 crash of Turkish Airlines Flight 1591 at Schiphol Airport, Amsterdam; the August 27, 2006 crash of Comair Flight 5191 at Lexington, Kentucky which was litigated in the United States District Court at Lexington, Kentucky; the February 12, 2009 crash of Comair Flight 3407 at Buffalo, New York; and air crashes involving several different helicopter models and numerous other general and commercial aviation matters.
As Lead Counsel for plaintiffs in aviation accident litigation, Mr. Moller has been responsible, among other things, for conducting pre-trial discovery, trial of the plaintiffs’ cases, the cross-examination of critical defense witnesses and experts, and negotiating settlements. To enhance the likelihood of litigation success he has developed innovative dynamic computer generated demonstrative evidence to promote jury understanding of technical issues related to liability and damages the firm have been privileged to represent.
In addition to aviation related matters, Mr. Moller has represented clients in a variety of complex cases involving securities and class actions, business and commercial torts as well as pharmaceuticals, and consumer goods. A November, 2005 appellate court decision won by Mr. Moller affirmed the highest pain and suffering award in a personal injury case in New York. In the landmark In re Sabin Oral Polio Virus Vaccine litigation, Mr. Moller was successful in holding the United States liable for allowing the distribution of a polio virus vaccine that failed to meet complex federal safety standards. This allowed the recovery of substantial damages for children and adults who contracted polio from the Sabin live oral polio vaccine. The trial and appellate court victory in In re Sabin established the liability of the United States Government for mandatory regulatory violations and has become one of the most frequently cited cases defining the scope of the “discretionary function” exception to the U.S. Government’s tort liability.
Mr. Moller is a frequent lecturer in the United States and abroad and has authored numerous articles on matters relating to aviation and product liability issues, discovery and trial preparation, trial techniques, aviation safety, air traffic controller liability, as well as litigation and settlement strategies, generally and professional ethics. He has served as the Chairman of the Aviation and Space Law Committee of the Tort and Insurance Practice Section of the American Bar Association, as well as the Aviation Committee of the New York State Bar Association, and has held a broad range of leadership positions in many organizations devoted to law, civic and charitable pursuits.
Most recently Mr. Moller has lectured and made presentations for the ABA TIPS CLE conference on Aviation Disaster Preparedness and Crisis Response (September 6, 2011); and participated in a forum with U.S. District Judge Jack Weinstein, Hon. Kenneth L. Feinberg and Hon. Sheila Birnbaum, Special Masters of the 9/11 Victim Compensation Fund concerning “Lessons of 9/11 for Mass Torts” at the Cardozo Law School on September 12, 2011.
Mr. Moller serves on the Advisory Board of the Southern Methodist University School of Law’s Journal of Air Law and Commerce and is a frequent lecturer and moderator at the annual Aviation Law & Insurance Symposium sponsored by Embry-Riddle, Atlanta, Georgia.
Also, advocating for compliance with national and local bar association standards, Mr. Moller authored “The 45-Day ‘No Solicitation’ Rule in the Internet Age,” published in Air & Space Lawyer of the American Bar Association, Vol. 23, 2011.
He has been featured in national and local news media for comment on a variety of topical issues involving aviation, litigation strategies, and related matters.
The American Bar Association designated Mr. Moller as its representative to the drafting committee on Apportionment of Tort Responsibility legislation proposed by the National Conference of Commissioners on Uniform State Laws. In October of 2003, he was appointed to a Task Force organized by the Tort Trial and Insurance Section of the American Bar Association to study and report on issues relating to “contingent fees.”
After graduating from Cornell Law School (J.D. 1963), he was admitted to the Bar of the State of New York in 1964. He is a member in good standing of the Bar of the United States Supreme Court, United States Courts of Appeals throughout the United States and has been routinely admitted pro hac vice to trial and appellate courts.
- New York, 1964
- U.S. District Court Eastern District of New York
- U.S. District Court Southern District of New York
- U.S. Supreme Court, 1976
- U.S. Court of Appeals 1st Circuit
- U.S. Court of Appeals 2nd Circuit
- U.S. Court of Appeals 3rd Circuit
- U.S. Court of Appeals 4th Circuit
- U.S. Court of Appeals 5th Circuit
- U.S. Court of Appeals 6th Circuit
- U.S. Court of Appeals 10th Circuit
- U.S. Court of Appeals 11th Circuit
- Cornell Law School, Ithaca, New York
- J.D. - 1963
- Honors: Winner, Cornell Moot Court Competition and Regional Moot Court
- Honors: Competition
- Cornell University, Ithaca, New York
- B.A. - 1961
- Plaintiffs' Suits Against the United States, ABA National Institute in Aviation and Space Law, May, 1982
- Handling Military Air Crash Cases, ABA Aviation Subcommittee, Torts and Insurance Section, August, 1982
- Handling Foreign Air Crash Litigation, American Bar Association, Section of Litigation, August, 1984
- Gold Up - Warsaw Convention Down, New York Law Journal, October, 1980
- In Re Terrorist Attacks on September 11, 2001 (S.D.N.Y.)
- In Re Air Crash at Lexington KY, August 27, 2006, 556 F.Supp.2d 665 (E.D. Ky. 2008)
- Ruby v. Budget Rent A Car Corporation, 806 N.Y.S.2d 12 (Sup. Ct. New York 2005)
- Haughton v. Virgin Records America, Inc. (Sup. Ct. CA. 2002)
- In Re Air Crash Near Cali, Colombia on December 20, 1995 (S.D.Fl. 1997)
- In Re: Air Crash at Charlotte, North Carolina on July 2, 1994 (U.S.D.C. SC. 1996)
- Goldsmith v. Learjet, Inc. (C.A.10 (CO) 1993)
- In re: Sabin Oral Poliovirus Vaccine Products Liability Litigation (U.S.DC. Md. 1991)
- In re Air Crash Disaster At Warsaw, Poland, On March 14, 1980, 705 F.2d 85 (C.A.2 (N.Y.) 1983)
- Robinson v. Parker-Hannifin Corp., 447 N.E.2d 781 (Ohio Com.Pl. 1982)
- Vasina v. Grumman Corp., 644 F.2d 112 (C.A.2 (N.Y.) 1981)
- Jayne v. Royal Jordanian Airlines Corp., 502 F.Supp. 848 (S.D.N.Y. 1980)
- Lecturer, National Institute on Aviation and Space Law, Washington, District of Columbia, May 1982
- Lecturer, Embry-Riddle School of Aeronautical Law, March 1982
- Lecturer, American Association for Justice Annual Meeting, July 1982
- Lecturer, Microwave Radiation Conference (P.A.C.E.), Ottawa, Canada, October 1983
- Lecturer, National Institute of Trial Advocacy at Harvard Law School June 1983
- Lecturer, Aviation and Space Law Symposium, Southern Methodist University, March 1982 and March 1983
- Seminar Lecturer, Litigation Implications of Microwave Radiation Exposure, Lloyds of London Press, New York, New York, 1983
- Lecturer, Meteorology in the Courtroom, National Oceanic and Atmospheric Administration Conference, Denver, Colorado, August 1984
- Seminar Lecturer, Aviation Law, Practicing Law Institute, New York, New York, September 1984
- Lecturer, International Microwave Power Institute, Philadelphia, Pennsylvania, July 1983
- Aviation Law Symposium, The Rights of Victims of Terrorism, Southern Methodist University, March 1986
- Demonstrative Evidence in an American Courtroom, Sydney, Australia, May 19, 1986
- Ethical and Effective Negotiation Techniques, Colorado Trial Lawyers Association, August 1986
- Lecturer, Emery-Riddle Aeronautical University, January, 1993
- Aviation Law Symposium, Lloyds of London, October, 1993
Honors and Awards
- ABA Tort Trial & Insurance Practice Section Pursuit of Justice Award
- Martindale-Hubbell AV Rating 5 out of 5
- Listed in New York SuperLawyer
- Listed in New York Best Lawyer
Professional Associations and Memberships
- American Bar Association, Section of Litigation, Vice Chairman, Committee on Aviation and Space Law, 1983 - Present
- Metropolitan Transportation Authority, Member, Citizen's Advisory Committee, 1977 - 1979
- American Arbitration Association, Member, Panel of Arbitrators
- American Bar Association, Sections of Litigation, Tort and Insurance Practice, Member
- New York State Bar, Member
- Federal Bar Council, Member
- American Association for Justice, Member
- Association of the Bar of the City of New York, Member
- New York State Bar, Sections of Insurance, Negligence and Compensation Law, Chairman, Committee on Aviation, 1986 - Present
- American Bar Association, Section of Tort and Insurance Practice, Member of Council
- American Bar Association, Member