Overview

Judy Nemsick is a partner in the Litigation Practice Group of Holland & Knight's New York office. Her practice is focused primarily on complex litigation matters, with emphasis on air disaster litigation, class-action lawsuits, product liability and privacy issues.

Ms. Nemsick has represented air carriers in multidistrict litigations arising out of the Flight 447 accident in the mid-Atlantic Ocean; the American Airlines Flight 587 accident near Belle Harbor, New York; and the Swissair Flight 111 accident near Peggy's Cove, Nova Scotia. She is currently part of the team representing a military charter operator in passenger injury claims arising from the runway incursion at Jacksonville Air Force Base on May 3, 2019.  

Ms. Nemsick has significant experience representing U.S. and foreign air carriers in civil litigation, including claims involving wrongful death and personal injury, premises liability, passenger delay, cargo liability and breach of contract. Her appellate experience includes successfully serving as co-lead counsel in El Al Israel Airlines, Ltd. v. Tseng, 525 U.S. 155 (1999), Privacy Rights Clearinghouse v. JetBlue Airways Corp., 2005 WL 3118798 (Cal. App. Nov. 22, 2005) and Bailey v. Rocky Mountain Holdings, LLC, 889 F.3d 1259 (11th Cir. 2018). She represents air carriers before various state and federal appellate courts on issues relating to the Montreal Convention and preemption under the Airline Deregulation Act. Additionally, she has authored amicus curiae briefs on behalf of industry trade groups on significant aviation issues before the U.S. Supreme Court and U.S. Courts of Appeals

Ms. Nemsick also counsels air carriers on a variety of commercial and civil matters, including contracts of carriage, charter contracts, ground-handling agreements, airline training materials, the Air Carrier Access Act, frequent flyer programs and family assistance plans. She has written articles on various aviation-related topics, including federal preemption, choice of law, privacy rights, the Warsaw and Montreal Conventions and forum non conveniens. She authored chapters on choice of law and federal jurisdiction for the American Bar Association (ABA) treatise Litigating the Aviation Case From Pre-Trial to Closing Argument (3rd and 4th editions).

Ms. Nemsick currently serves as an editor of Holland & Knight's Centerline aviation alerts and the Aviation Law Blog, and previously served for seven years as the National Chair for Holland & Knight's Women's Initiative. She also is a past member of the International Aviation Women's Association (IAWA).

Ms. Nemsick's pro bono efforts include working with Kids in Need of Defense to successfully represent minors in obtaining Special Immigrant Juvenile Status, and eventually legal residency, in the United States. She also has authored amicus briefs in the U.S. Court of Appeals for the District of Columbia Circuit and U.S. Supreme Court on behalf of the National Women's Law Center and Lawyers Committee for Civil Rights challenging state demonstration projects that would disproportionately limit access to Medicaid for women and communities of color.

Representative Experience

  • Defended airlines in numerous air disaster multidistrict litigations, including the Air France Flight 447 accident in the mid-Atlantic Ocean; the American Airlines Flight 587 accident near Belle Harbor, N.Y.; and the Swissair Flight 111 accident near Peggy's Cove, Nova Scotia
  • Obtained dismissal of class action claims relating to airline baggage charges based on enforcement of class action waiver clause in an airline's contract of carriage
  • Achieved dismissal of putative class action asserting fraud and other claims against an airline for allegedly unusable travel pass and enforcement of arbitration clause in the program's terms and conditions
  • Obtained court ruling that Montreal Convention governed passenger injury claims arising from hard landing of charter flight between two U.S. military bases
  • Secured dismissal of non-breach of contract claims on Airline Deregulation Act (ADA) preemption grounds in airline ticket refund class action
  • Obtained declaratory judgment permanently enjoining enforcement of state laws establishing pricing and route restrictions on air ambulance carriers
  • Negotiated favorable settlement for commercial cargo air carrier on aircraft lease dispute following commencement of breach of contract action
  • Achieved dismissal of putative class action claims relating to billing practices by air carriers on federal preemption grounds
  • Obtained forum non conveniens dismissal for foreign air carrier in litigation arising from an accident outside the United States
  • Attained pre-answer dismissal of putative class action claims against domestic air carrier arising from weather-related tarmac delays
  • Coordinated response of a foreign commercial air carrier to a government investigation and subpoena, resulting in no charges or claims against the air carrier
  • Secured appellate review of privacy ruling that resulted in negotiation of favorable settlement for commercial air carrier
  • Represented board member of a foreign air carrier in litigation in New York and Florida arising from an overseas accident
  • Obtained denial of class certification of purported class for claims arising from delayed and cancelled flights caused by a cabin crew strike of a major commercial air carrier
  • Represented commercial air carrier in passenger discrimination action

  • Representing a foreign air carrier in a class action lawsuit brought under the California Invasion of Privacy Act
  • Obtained pre-answer dismissal of statutory and most common law claims in putative class action lawsuit against app developer that allegedly captured personal data without consent
  • Counseled air carrier on potential data security breach and required legal notices
  • Advised air carrier on federal preemption arguments concerning alleged recording of personal information without notice

  • Served as co-lead counsel before the U.S. Supreme Court in seminal treaty case involving the preemptive effect of the Warsaw Convention
  • Authored trade industry amicus brief in support of commercial air carrier in U.S. Supreme Court case addressing applicability and scope of air carrier immunity under the Air Transportation Security Act (ATSA)
  • Secured affirmance by California Court of Appeals of dismissal of privacy claims against commercial air carrier
  • Argued before the Eleventh Circuit Court of Appeals seeking affirmance of lower court's dismissal of class action claims challenging air carrier's billing practices on federal preemption grounds
  • Argued before the Ninth Circuit Court of Appeals regarding federal preemption under the Airline Deregulation Act of common law claims against commercial air carrier in dispute concerning status of member in frequent flyer program
  • Authored amicus brief of airline trade group in the First Circuit Court of Appeals in support of air carrier's treaty and preemption defenses in child abduction case
  • Secured affirmance in New York Supreme Court, Appellate Division, First Judicial Department, of the trial court's finding that contractual late fees constituted unenforceable penalties
  • Authored trade industry amicus brief in support of commercial air carrier's petition for a writ of certiorari to the U.S. Supreme Court in a case regarding recovery of mental injuries under Article 17 of the Montreal Convention

Credentials

Education
  • St. John's University School of Law, J.D.
  • Boston College, B.A., English, magna cum laude
Bar Admissions/Licenses
  • New York
Court Admissions
  • All State Courts in New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Northern District of New York
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Supreme Court
Memberships
  • American Bar Association, Litigation Section
  • American Bar Association, Tort Trial and Insurance Practice Section (TIPS)
  • International Aviation Women's Association (IAWA)
Honors & Awards
  • Chambers USA – America's Leading Business Lawyers guide, Transportation: Aviation: Litigation, 2015-2025
  • The Legal 500 USA, Transport: Aviation and Air Travel – Litigation and Regulation, 2021, 2022, 2024, 2025
  • Guide to the World's Leading Women in Business Law, Aviation - United States, Legal Media Group's Expert Guides, 2022
  • Who's Who Legal: Transport, Aviation Contentious, 2017-2024
  • Holland & Knight Pro Bono All-Star, 2017, 2018, 2020, 2021
  • The Best of the Best USA, Aviation, Legal Media Group's Expert Guides, 2017
  • Guide to the World's Leading Aviation Lawyers, Legal Media Group's Expert Guides, 2017-2020
  • The Legal 500 USA, Dispute Resolution: Product Liability, Mass Tort and Class Action - Aerospace/Aviation, 2016
  • Phi Beta Kappa
  • St. John's Journal of Legal Commentary, Articles Editor

Publications

Speaking Engagements

News