Schwartz, Mark Kelley

  • Member
Troy, Michigan
Photo of Mark Kelley Schwartz

Mark Kelley Schwartz is a nationally recognized aviation, catastrophic personal injury and wrongful death attorney. He is accredited as a Board Certified Specialist (B.C.S.) in Aviation Law, which The Florida Bar signifies as obtaining the “highest levels of special knowledge, skill, and proficiency” in that specialty.  Mark is admitted to practice in both Michigan and Florida and routinely represents clients nationwide in both aviation, personal injury and civil litigation matters.

In advocating for airline passengers and those injured or killed in airplane and helicopter accidents, Mark combines a caring personality and tenacious advocacy with an insight into aviation developed through his qualifications as a FAA licensed commercial pilot and flight instructor. Mark’s cases have both protected and expanded airline passengers’ rights all the way up to the U.S. Supreme Court.

Originally developed as an outgrowth of his international aviation experience, Mark has an appreciable practice representing people injured or killed through the fault of others while guests at hotels & resorts, as passengers on cruise ships, at waterparks or on waterslides as well as those engaged in almost every aspect of travel and recreational activities. As a result, Mark continues to litigate against major hotel chains, franchisees, resorts, cruise lines, waterparks and other tourist and travel attractions nationwide.

Mark’s aviation law practice also encompasses the representation of individuals purchasing, leasing, or acquiring other interests in aircraft. Together with his partners, he represents clients developing or building on airport properties, purchasing or selling aviation businesses and even the purchase or sale of airports.  Mark also has successfully represented FAA certificate holders before the FAA or National Transportation Safety Board.  

Giving back to the community and advancing legal knowledge is important. Mark co-chaired the first Jeffrey Forman Leadership Mission in association with the Maimonides Society and actively serves community organizations. As a member of the Oakland County Bar Association, Mark has chaired two committees, including  the Circuit Court Case Evaluation Committee, responsible for approving attorneys to sit as case evaluators in Oakland Circuit Court. 

Mark continues to speak to groups of attorneys, thought leaders and other members of the aviation community on airline liability issues, especially passenger injury and death cases under the Montreal Convention and has served as faculty for the American Bar Association’s Aviation Law Institute.

If you are interested in discussing a potential matter with Mark please call him for a complimentary consultation. 

 

Areas Of Practice

  • Aviation Law
  • Civil Litigation
  • Commercial Litigation
  • Personal Injury & Wrongful Death
  • Resort, Hotel & Recreational Accidents
  • Passenger Cruise Ship and Cruise Ship Excursion Accidents
  • Aviation Transactional Law
  • FAA Certificate Actions
  • Airline Injury and Wrongful Death Cases
  • Montreal Convention Passenger Injury & Wrongful Death Lawsuits

Certified Legal Specialties

  • Board Certified Specialist, Aviation Law, The Florida Bar, 2020

Bar Admissions

  • U.S. Supreme Court
  • Michigan
  • Florida
  • Supreme Court of Florida
  • U.S. Court of Appeals 11th Circuit
  • U.S. Court of Appeals 6th Circuit
  • U.S. District Court Eastern District of Michigan
  • U.S. District Court Western District of Michigan
  • U.S. District Court Southern District of Florida
  • U.S. District Court Middle District of Florida
  • U.S. District Court Northern District of Illinois
  • U.S. District Court Western District of New York
  • 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

Education

  • Michigan State University College of Law, East Lansing, Michigan
    • Juris Doctor - 05/1995
    • Honors: Cum Laude
  • Wayne State University
    • B.S. - 1991
    • Major: Political Science

Published Works

  • Unmanned Aircraft Systems: The Wild Blue Yonder of Legal Uncertainty, The Journal of Insurance and Indemnity Law , Vol. 8, No. 2, 2015
  • With Apologies to Cheech and Chong: State Relaxation of Marijuana Laws Could Leave Your Pilot Certificate, "Up in Smoke.", Aircraft Owners & Pilots Association, June, 2018

Representative Cases

  • Sensat v. Southwest Airlines, Inc. , 363 F.Supp.3d 815, 2019, E.D. Mich
  • Doe v. Etihad Airways, P.J.S.C., 138 S.Ct. 1548 (mem) , 2018, U.S. Supreme Court
  • Doe v. Etihad Airways, P.J.S.C. , 870 F.3d 406, 2017, Sixth Circuit Court of Appeals
  • Sessa v Macomb County, 220 Mich App 279, 1996

Classes/Seminars

  • Recent Developments in Air Carrier Passenger Liability, 12th Annual McGill Conference on International Aviation Liability, Insurance & Finance, Montreal, Canada
  • Air Carrier Liability: What is an “Accident,” and What Damages are Recoverable under the Montreal Convention, McGill University / Pan European Personal Organisation of Personal Injury Attorneys (PEOPIL) Conference on International Aviation Law, Dublin, Ireland
  • International Treaties & Conventions, The Florida Bar, Aviation Law Board Certification Review Course

Honors and Awards

  • Board Certified in Aviation Law by The Florida Bar

Professional Associations and Memberships

  • American Association for Justice, Member, 1998 to Present
  • Michigan Association for Justice, Sustaining Member, 1998 to Present
  • International Air & Transportation Safety Bar Association
  • Oakland County Bar Association, 2000 to Present
  • Pan European Organisation of Personal Injury Attorneys (PEOPIL)

Languages

  • English