Mark Kelley Schwartz
Mark's practice concentrates in the areas of aviation, serious personal injury and wrongful death matters. As a Board Certified Specialist in Aviation Law (FL), Mark's cases include airline and general aviation airplane and helicopter injury and wrongful death matters, representing the victims and family members of those seriously hurt or killed, in addition to hotel, resort and travel-related cases on a nationwide and international basis.
A FAA certificated Commercial Pilot and Certified Flight Instructor, Mark is able to harness the understanding that is attendant to those qualifications to assist in the representation of his clients. In addition to traditional airline, general aviation and helicopter injury and death matters, Mark has extensive experience in Montreal Convention litigation (involving international air transportation), the regulation, licensure and liabilities associated with Unmanned Aircraft Systems a/k/a Drones and FAA / NTSB regulatory and enforcement matters.
With the decreased acquisition costs of Unmanned Aircraft Systems a/k/a/ Drones, there is a corresponding increase in the likelihood of personal injury, property damage and regulatory exposure for their operation. Mark advises clients on their drone licensure, registration and operations in addition to ensuing that various risk mitigating factors are considered. A published author on Unmanned Aircraft Systems, Mark is accepts consultations and cases involving their use and operation.
Mark is licensed by both the State Bar of Michigan and The Florida Barm and handles cases on a nationwide and international basis. Many cases emanate from resorts and hotels located in Michigan, Florida and throughout Mexico and the Caribbean, including places such as The Bahamas, Dominican Republic and Jamaica. Mark's Cruise Ship Injury practice sees cases from Europe (European or Mediterranean Cruises), the Caribbean and on the High Seas.
Many of the cases Mark handles arise from hotel and resorts and involve their recreational facilities, including waterslides, pools and other aquatic features, zip lines, parasailing and other non-traditional resort activities. Additionally, taxi and tour bus accidents along with other common carrier incidents fall within this unique practice area.
In the area of Federal Tort Claims, Mark has successfully litigated cases against the United States under the Federal Tort Claims Act (FTCA) for the negligence of its employees in the provision of Air Traffic Control (ATC) services to aircraft.
Mark accepts certain cases on a contingency fee basis and works cooperatively with referring counsel. There is no charge for review of a potential case.
Areas of Practice
- Wrongful Death
- Personal Injury & Wrongful Death
- Resort, Hotel & Recreational Accidents
- Commercial & Civil Litigation
- 90% of Practice Devoted to Litigation
Certified Legal Specialties
- Board Certified Specialist, Aviation Law, The Florida Bar, 2014
- Michigan, 1995
- U.S. District Court Eastern District of Michigan, 1995
- U.S. District Court Southern District of Michigan
- U.S. District Court Northern District of Illinois
- Florida, 1999
- U.S. Supreme Court
- Supreme Court of Florida, 1999
- U.S. District Court Western District of Michigan, 2007
- District of Columbia, 2007
- U.S. District Court for the Southern District of Florida, pro hac vice, 2010
- U.S. District Court for the Middle District of Florida, pro hac vice, 2014
- U.S. District Court Western District of New York, 2009
- U.S. District Court for the Eastern District of New York, pro hac vice
- U.S. District Court for the Eastern District of Texas, pro hac vice
- U.S. District Court for the Northern District of Texas, pro hac vice
- U.S. District Court for the Northern District of Ohio, pro hac vice
- Michigan State University College of Law, East Lansing, Michigan
- J.D. - 1995
- Honors: Cum Laude
- Wayne State University
- B.S. - 1991
- Major: Political Science
- Unmanned Aircraft Systems: The Wild Blue Yonder of Legal Uncertainty, The Journal of Insurance and Indemnity Law , Vol. 8, No. 2, 2015
- Air Traffic Controller Negligence, FAA FAAST Team, 2014 - Present
Honors and Awards
- Board Certified in Aviation Law by The Florida Bar
Professional Associations and Memberships
- American Association for Justice, Member, 1998 - Present
- Michigan Assocation for Justice, Sustaining Member, 1998 - Present
Past Employment Positions
- Hon. Julian Abele Cook, Jr., Chief Judge, U.S. District Court E.D. Mich, Judicial Internship, 1994
- Pollard & Albertson, Associate, 1995 - 1997
- Chait & Schwartz, PLC, Partner, 1998 - 2003
- Law Offices of Mark Kelley Schwartz, P.C., President, 2002 - 2015