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Aviation and Aerospace

Air Crash Claim

The Firm pays ongoing attention to the interests of the disadvantaged groups, and takes full consideration for the families suffered from the air crash, and makes every effort to fully protect the legal rights and interests of the clients by taking advantage of its rich practice experience and profound expertise and skillful application of litigation and many other non-litigation legal means.

Representative Cases:

l  MSA Flight MH370 claim case

l  The first aviation disaster-related third-party indirect claim case in the world, in which the water pollution arising out of the “11.21” China Eastern MU5210 Flight crash in Baotou has caused damages to a third party’s property;

l  Panjin air crash claim case;

l  “7.31” Nanjing air crash claim case;

l  Yichun Henan Airlines Flight VD8387 crash claim case;

l  Busan Air China Flight CA129 crash claim case;

l  Sichuan Aviation Academy air crash claim case (March 8, 2014);

l  Indonesia air crash claim case consulting;

l  Asiana Airlines Flight 214 crash claim consulting;

l  Taiwan’s China Airlines plane crash claim consulting; and

Aviation Tort 

The Firm has also represented many different types of aviation tort cases, which expands the understanding and knowledge of the people on aviation laws and promotes the development of aviation laws in addition to the effective protection of the legal rights and interests of the clients. 

Representative Cases:

l  First personal injury case in China applying the Montreal Convention;

l  The personal injury and death claim case concerning the air accident which a youngster fell from the airplane in Dunhuang on May 25, 2005;

l  The personal injury and property damage claim case, in which a young girl was amputated after being barred from boarding an aircraft in Jiayuguan Airport in Gansu while she was planning to travel to a hospital for surgery, and this case was one of the Top Ten Influential Litigation Case in 2006;

l  A special personal injury claim case, in which a passenger got injured after climbing atop and falling from an aircraft body in Kunming on November 11, 2004;

l  China’s first “aviation blacklist” case, in which FAN Houjun sues Xiamen Airlines on torts;

l  First claim case against unregistered flight in Panjin;

l  A special claim case, in which a pilot jumps off a building leaving a suicide note complaining about the work pressure and difficulty to resign;

l  China United Airlines vs. a teacher of Beijing Film Academy on compensation dispute;

l  A special claim case, in which a stewardess splashes coconut juice over a passenger who gets infected by virus thereafter;

l  A special claim case in which a passenger suffers personal injury and property damage due to the water leakage of the luggage carrier;

l  Taiwan’s China Airlines Flight CI641 turbulence incident case;

l  A special claim case in which a senior executive of YOUKUCOM failed to get board due to a wrong “high consumption limitation order” issued by the court;

l  A special claim case in which passengers on a hot-air balloon get killed or injured due to the improper operation of the pilot who thereafter escapes alone;

l  Consulting for the Case of Thailand Passenger vs. Taiwan’s China Airlines on personal injury;

l  A death claim case in which the family of passenger Mr. ZHANG sues Air China for damages;

l  A tort case in which a valuable Tibetan Mastiff dies during the air consignment;

l  A tort case in which a pet dog named Gege dies during the air consignment;

l  A tort case in which a golden retriever dies during the air consignment;

l  A tort case in which the eels die during the air consignment;

l  A tort case in which the ostrich dies during the air consignment; and

l  A tort case in which the small gooses die during the air consignment.

Aviation Commercial Dispute

l  Case concerning dispute over the air cargo transportation contract concerning Shenzhen Airlines;

l  Guangdong Baiyi Technology & Industry Co., Ltd. vs. China Southern Airlines on cooperation dispute;

l  Case concerning dispute over the air cargo transportation contract concerning Eastern United International Logistics Shanghai Ltd.;

l  Aircraft purchase and sale dispute;

l  Aircraft custody dispute;

l  Aircraft finance dispute;

l  Aircraft leasing dispute; and

l  Aircraft insurance dispute.

Aviation Criminal Case

l  China’s first aviation disaster-related pilot criminal case, in which a pilot faced criminal charges as a result of the Yichun crash;

l  First criminal case concerning unregistered flight of UAV; and

l  China’s first TU-154M passenger aircrafts smuggling case, in which those aircrafts are smuggled from Russia to China.

Aviation Administrative Case

l  Grounded captain GONG Hao of Xiamen Airlines vs. CAAC & CAAC East China Regional Administration on administrative omission; and

l  Mr. WEN vs. CAAC Northeast Regional Administration on performance of statutory duties. 

Marriage and Family Dispute

l  A special compensation case in which an employee of the Airlines gives birth without getting marriage;

l  A divorce case in which a stewardess gives birth out of wedlock;

l  Divorce cases concerning employees of airlines; and

l  Property disputes after divorce concerning employees of airlines.

Aviation Labor Dispute

Owing to its special nature of air transportation operation, aviation labor dispute is greatly distinguished from other labor disputes, and the Firm has a dominant leading place in this professional field.

Representative Cases:

l  China’s first pilot resignation case;

l  China’s first pilot resignation case without compensation to the airlines;

l  China’s first female pilot labor dispute case;

l  China’s first pilot resignation case with compensation by the airlines;

l  China’s first cadet pilot labor dispute case;

l  China’s first cadet pilot training dispute case;

l  China’s first pilot foreign labor dispute case;

l  China’s first foreign pilot labor dispute case;

l  China’s first labor dispute case concerning the resignation of a captain trainer;

l  China’s first pilot labor dispute case appealing to the Supreme People’s Court;

l  China’s first pilot labor dispute case which is protested by the People's Procuratorate;

l  A special labor dispute case in which 18 flights of China Eastern Yunnan Airlines return to the departure airport when flying towards the destination airport;

l  A special labor dispute case in which a pilot was grounded due to home violence;

l  A special labor dispute case in which the pilot was grounded due to HIV infection;

l  A special labor dispute case in which the pilot was grounded and subject to reeducation through labor due to whoring;

l  Many labor dispute cases concerning illegal termination of labor contract with flight attendants, ground staff, aviation security officers, air marshals and flight controllers; and

l  Thousands of labor dispute cases acting for captains, pilots and flight attendants against Air China, China Southern Airlines, Capital Air, China United Airlines, Chongqing Airlines, Qingdao Airlines, Tianjin Airlines, China Eastern Airlines, Hainan Airlines, Shandong Airlines, Sichuan Airlines, Hong Kong Airlines, Spring Airlines, Okay Airlines, China Express Airlines, Xiamen Airlines, Hebei Airlines, China Postal Airlines, Yingan Airlines, ZYB Lily Jet, Zhongshan Eagle General Aviation, Shanghai Eastern General Aviation Enterprise Group Co., Ltd. and CITIC Offshore Helicopter Co., Ltd..

Aviation Legal Counsel

Lanpeng has advised for many airlines and non-governmental aviation organizations as their legal counsel. The Firm has assisted many airlines in solving shareholder dispute, establishing and improving labor law systems and talents introduction systems. Besides, the Firm also advises on aircrafts purchase negotiation, for example, the Firm provides all-in-one legal service to Hebei Airlines for the purchase of 18 Boeing 737-800 airliners and has won the high praise from Hebei Airlines and Boeing.   

Clients:

l  ZYB Lily Jet

l  Jet Bear Co., Ltd.

l  Yunnan YingAn Airlines Co, Ltd.

l  China United Airlines Co., Ltd.

l  Shenzhen Airlines Co., Ltd.

l  Hebei Airlines Co., Ltd.

l  Spring Airlines Company Limited

l  Hong Kong Airlines Limited

l  Minsheng International Jet Co. Ltd. (Formerly the CITIC General Aviation Co., Ltd.)

l  China Civil Airports Association

l  Beijing Wanping Aviation Service Center

l  Reignwood Aviation Group

l  Qingdao Airlines Co., Ltd.

l  Ordos General Aviation Co., Ltd.

l  Zhuhai Hengqin Sky Investment Holding Co., Ltd.

l  Beijing Huabin Sky Investment and Management Co., Ltd.

l  Beijing Huabin Tianxing General Aviation Co., Ltd.

l  Beijing Huabin Tianxing Airport Investment and Management Co., Ltd.

l  Huabin Yasheng General Aviation (Beijing) Co., Ltd.

Aviation Legislation Promotion

Driven by its strong sense of social responsibility, the Firm has put forward constructive suggestions to the legislative authority to make its own contribution to the promotion of the aviation legislation in China.

Representative Cases:

l  Submitting the Legislation Proposal on Amending the Civil Aviation Law to the NPC in 2005;

l  Submitting the Suggestions on Abolishing the Limitation on Liability for Damages in Air Transport to the NPC in 2012;

l  Submitting the Proposal on Adhering to the Principle of “People First” and Formulating the Pilot Regulations as Soon as Possible to the NPC in 2012;

l  Submitting the Suggestions on the Amendment to Labor Contract Law (Draft) to the NPC in 2013;

l  Submitting the Suggestions on Limiting the Use of Labor Dispatch in Civil Aviation Industry to the NPC in 2013; and

l  Making Suggestions to the Competent Aviation Authority to Establish Special Seats for the Old, Sick, Weak and Disabled on the Airliners in 2007.

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