Selected Cases

---

Over the past 35 years, Mr. von Ohlen has been entrusted to protect his clients' interests in thousands of matters. A small sampling of which is reflected below: 

DR Distributors, LLC v. 21 Century Smoking, Inc., 513 F. Supp. 3d 839 (N.D. Ill. 2021)

Mr. von Ohlen represented Plaintiff DR Distributors, LLC in this trademark litigation in the U.S. District Court involving e-cigarettes. One of the central issues involved the Defendants’ (and their prior counsel’s) failures to identify, preserve and produce Electronically Stored Information (“ESI”) during the discovery phase of the case. Mr. von Ohlen’s pursuit of the Defendants’ ESI collection failures and other discovery issues, included vindicating his client’s position during a five-day evidentiary hearing, all of which culminated in the Court issuing a landmark 256 page reported Opinion which is now oft cited as a “primer” on the legal aspects of ESI handling in Federal Court.

Crash of United Airlines Flight 232 in Sioux City Iowa
Represented United Airlines in connection with the crash of its DC-10 aircraft on July 29, 1989. The DC-10 experienced an in-flight uncontained loss of the fan blade from the no. 2 engine which caused the aircraft to experience a total hydraulic failure (including redundancy systems). There were 296 souls on board. Mr. von Ohlen assisted United Airlines in connection with the NTSB investigation, the preparation of its NTSB submission, and in all post-crash litigation, which involved 112 wrongful death claims and 184 bodily injury cases which were filed in thirty–six state and federal jurisdictions. Mr. von Ohlen acted as lead counsel in the passenger damage lawsuits, taking and defending over 1,000 depositions among the myriad of unique issues. Presented by this case was the development of the law involving Post-Traumatic Stress Disorder (“PTSD”) claims evolving from an aircraft crash in light of the 184 individuals who survived the 44-minute descent and crash. 

In-Flight Fire of FedEx DC-10-10F Aircraft Terminating With Emergency Landing at Newburgh, New York
Mr. von Ohlen represented Federal Express in conjunction with the constructive total loss (“CTL”) of its DC-10-10F aircraft which experienced an in-flight fire on September 6, 1996, while en route from Memphis to Boston. The FedEx flight crew detected a cargo cabin fire while cruising at 33,000 feet; they declared an emergency, diverted to the nearest airport, executed an emergency descent, and landed the aircraft only 19 minutes after initial smoke detection. The flight crew escaped down the cockpit window rope unharmed, but the DC-10 was consumed by fire and was a CTL. Mr. von Ohlen represented FedEx in conjunction with the NTSB investigation into the event, the post-event environmental remediation, and with approximately 3,000 cargo and property damage claims evolving from the event. While the NTSB ultimately determined that the fire was a “cargo cabin fire of undetermined origin”, our independent investigation identified undeclared hazardous materials inside a cargo container as the likely cause of the fire. Mr. von Ohlen initiated a subrogation action on behalf of FedEx’s insurers and ultimately recovered over 90% of the fair market value of the aircraft from the shipper. 

Crash of FedEx MD-11 at Newark International Airport
Mr. von Ohlen represented FedEx in connection with the total loss of an MD-11 aircraft which crash landed at Newark International Airport on July 31, 1997. The right-wing and right main landing gear separated from the aircraft shortly after touchdown. The MD-11 rolled to its right, flipped, and slid inverted down the runway. The aircraft was consumed by fire and all cargo aboard was destroyed. The crew and jump seaters were able to unbuckle themselves from their upside positions and escape through the cockpit window. We represented FedEx in connection with the NTSB investigation and hearings, the environmental cleanup and salvage operations, as well as counseling and defending FedEx in connection with the thousands of cargo claims evolving from the event. We also represented FedEx in connection with property damage lawsuits brought by local airport authorities. We successfully represented FedEx’s insurers in a subrogation lawsuit against Boeing in connection with Boeing’s representations regarding the MD-11 landing gear and the stability and control characteristics of the MD-11. 

Crash of China Airlines Flight 642 at Hong Kong International Airport
Mr. von Ohlen represented China Airlines in connection with the total loss of an MD-11 aircraft which crash landed at Hong Kong International Airport on August 22, 1999. Mr. von Ohlen successfully represented China Airlines’ insurers in a subrogation action against the aircraft’s manufacturer. 

Aircraft Collision Between FedEx MD-11 and Burlington DC-8 at Minneapolis-St. Paul International Airport
On February 27, 1997, a FedEx MD-11 aircraft collided with a Burlington Air Express DC-8-63F aircraft on a taxiway at Minneapolis-St. Paul International Airport which caused property damage to both aircraft. Mr. von Ohlen defended FedEx against BAX’s property damage and loss of use claims. Ultimately, Mr. von Ohlen settled Burlington’s property damage claims, and he initiated a third-party action against the ground handling company that had improperly parked the DC-8 with its tail encroaching on the taxiway. Mr. von Ohlen represented FedEx in this matter and tried the case to verdict in his client’s favor in the Federal District Court in Minneapolis. 

Crash of Beech Baron D55 in Daytona Beach, Florida
Mr. von Ohlen represented the estate of a deceased pilot in connection with the crash of a Beech Baron D55 near Daytona Beach, Florida. The estate of the deceased passenger alleged that the crash evolved from inappropriate fuel management of the aircraft’s fuel tanks by the pilot in command.

Crash of Beech 18 Aircraft in Fraser, Michigan
Mr. von Ohlen successfully defended a Michigan fixed based operator (“FBO”) in a wrongful death action arising out of the crash of a Beech 18 aircraft in Fraser, Michigan. The aircraft experienced an in-flight fire in the left engine prior to touching down and Plaintiff alleged negligent maintenance by the FBO. 

DC-10 Jet Blast Property Damage Claims
Mr. von Ohlen defended an air carrier when a jet blast from a DC-10 aircraft resulted in scores of property damage claims. 

Crash of United Airlines Flight 585 in Colorado Springs
Represented United Airlines in connection with the crash of its B-737 aircraft on March 3, 1991 near Colorado Springs, Colorado, including advising airline management regarding its interaction with the NTSB, environmental agencies, and local authorities and defending twenty-seven wrongful death suits. 

Crash of SANSA Flight 1644 Into Arenal Volcano, Costa Rica
Represented National Accident Insurance Underwriters in connection with the crash of a SANSA Flight 1644, a Cessna 208B Aircraft, which crashed on August 26, 2000 into the Arenal Volcano in Costa Rica. 

Chemical Spill Emanation From Shipper’s Package
Mr. von Ohlen successfully defended his client in connection with lawsuits in North Carolina that alleged that hazardous chemicals emanated from a shipper’s package and caused serious bodily injury to individuals who came in contact with the package through its journey. 

Bodily Injury Claim for Neurological Damages
Mr. von Ohlen successfully defended an air carrier in connection with a claim that a pilot sustained neurological damage as a result of inhaling fumes from a package that he was carrying in the client’s aircraft. 

The Meaning of the “United States”
Mr. von Ohlen represented the Monarch Insurance Company of Ohio in connection with a claim presented by an aircraft owner to recover the value of an aircraft lost at sea. The plane was being flown from Florida to the Bahamas on January 21 when the aircraft developed engine trouble and the pilot/owner was forced to ditch the aircraft approximately ten miles from the Florida coast. The aircraft sank to the bottom of the Atlantic Ocean but not before the pilot was picked up by a Russian freighter, dropped off in Cuba, and ultimately returned to the United States. The insured’s policy with the Monarch Insurance Company did not provide coverage for occurrences “outside the United States”. The case turned on the definition of the “United States”, which was not defined by the policy. Mr. von Ohlen filed a Complaint for Declaratory Judgment on behalf of Monarch Insurance and obtained Summary Judgment on the basis that the territorial limits of the United States of America end at the three-mile limit off the shore rather than the 12 mile or 200 mile limits alternatively proposed by the insured. This seminal case, which was affirmed on appeal, helped to clarify the law regarding the meaning of the geographical limits provisions in insurance policies. See Monarch Ins. Co. of Ohio v. Castellano, 176 Ill.App.3rd 849, 531 N.E.2nd 908 (1988). 

Defamation
Mr. von Ohlen obtained Summary Judgment for his client in a case involving allegations of defamation, trade libel, and conspiracy in a case involving his client’s right to seek federal regulatory changes that had the ancillary effect of causing damage to a supplier’s business. 

Insurance Counseling
Mr. von Ohlen has advised life and accident insurers in connection with countless claims evolving from the World Trade Center Disaster, the crash of Swiss Air Flight No. 111 near Nova Scotia in 1998, the crash of Alaska Airlines Flight No. 261 into the Pacific Ocean in 2000, and the crash of American Airlines Flight No. 587 near Queens, New York in 2001, and numerous other catastrophic losses.