Francis G. Fleming

In 1967, Francis Fleming received his baccalaureate engineering degree (B.E.) from Villanova University and accepted a commission as a Second Lieutenant in the United States Marine Corps upon graduation.

He completed training and was designated as a Naval Aviator in 1968 and served as a helicopter pilot and forward air controller in Viet Nam in 1969. He graduated from Villanova Law School and received his Juris Doctor degree in 1974 and participated in the Villanova Law Review as an Associate Editor.

Frank Fleming then clerked for the Honorable Edwin D. Steele, U.S. District Court Judge for the District of Delaware in 1974-1975, and served as an Assistant Attorney General for the Honorable Bruce M. Babbitt, then Attorney General for Arizona in 1976 and 1978.

In 1979, he joined Kreindler & Kreindler LLC in New York City and commenced his work specializing in representing victims of aircraft crashes. He worked for the Plaintiffs’ Steering Committee appointed in MDL 391 on the discovery and related litigation arising out of the crash of a McDonnell Douglas DC-10 operated as American Airlines Flight 191 which crashed near Chicago on May 25, 1979.

The safety issues in this case implicated the design of the DC-10, particularly in regard to the failsafe requirements of the FAA’s certification regulations, and the training and maintenance practices of the American Airlines in regard to the underwing engines.

In 1985, he worked for the Plaintiffs’ Steering Committee appointed in MDL 683 on the discovery and related litigation arising out of the crash of a McDonnell Douglas DC-8 operated as an Arrow Air military transport which crashed near the Gander, Newfoundland airport while returning American servicemen from peace-keeping duties in the Sinai desert.

The liability issues in this case focused on takeoffs in icing conditions as well as the effect of the Warsaw Convention as modified by the so-called Montreal Protocols in the circumstances of this flight, and the claims for punitive damages against the bankrupt operator.

In addition to these major air crash cases, Mr. Fleming has represented numerous persons injured or killed in general aviation and military aviation cases. These persons include members of both Houses of Congress, well known business executives, entertainers and professionals and prestigious military personnel, including pilots involved in the U.S. Air Force’s Thunderbirds and the Marine Presidential Helicopter Squadron, HMX-1.

As indicated in his biographical materials, he is admitted to the Bar in the States of Pennsylvania, Arizona, New York and New Jersey and numerous federal courts including the United States Supreme Court.

He is a former Associate Editor of the Villanova Law Review. He has also tried cases in California, Kentucky, Ohio, New Mexico and Georgia, and argued or briefed appeals in the Second, Fourth, Sixth, Seventh and Ninth Circuits.

Education:

• Villanova University School of Law, Villanova, Pennsylvania, J.D., 1974
• Villanova University, Villanova, Pennsylvania, B.E.,1967

Bar Admissions:

• New York, 1982
• Pennsylvania, 1974
• Arizona, 1975
• New Jersey, 1983
• U.S. Court of Appeals 9th Circuit, 1976
• U.S. Court of Appeals 4th Circuit, 1978
• U.S. Court of Appeals 7th Circuit, 1980
• U.S. Court of Appeals 6th Circuit, 1985
• U.S. Court of Appeals 3rd Circuit, 1986
• U.S. Supreme Court, 1980
• U.S. Court of Federal Claims, 1979

Professional Associations and Memberships:

• Association of Trial Lawyers of America, First Assistant Chairman, Section of Aviation, 1987 – Present
• Association of Trial Lawyers of America, Secretary, 1986 – Present
• State Bar of Arizona, Member