Gary Westerberg’s more than 30 years of practice at Locke Lord has primarily involved defense of aircraft product manufacturers, airlines, general aviation operators and representation of insurers in connection with complex insurance coverage issues. Mr. Westerberg is an experienced trial lawyer having tried many high exposure cases to both courts and juries. He is an aircraft owner and instrument rated commercial pilot with more than three thousand hours of flight experience in land and seaplanes.
Education
- J.D., Southern Methodist University School of Law, 1971
Order of the Coif
Editor, Journal of Air Law and Commerce - B.A., Economics, Cornell College, 1968
Bar Admissions
- Illinois, 1971
- U.S. Supreme Court
Admitted To Practice
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. District Court for the District of Arizona
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Eastern District of Wisconsin
Representative Experience
World Trade Center DisasterMr. Westerberg is currently representing a security company which conducted the pre-board passenger screening for American Airlines Flight 11 on September 11, 2001. That flight was hijacked and deliberately flown into the north tower of the World Trade Center. Litigation involving the unfortunate loss of life and destruction of billions of dollars of property from the collapse of that building are now pending in federal court in New York.
Products LiabilityMr. Westerberg has more than thirty years of products liability experience which includes service as national products liability defense coordinating counsel for:
- European manufacturer of Regional Airline turboprop aircraft
- U.S. business jet manufacturer
- European manufacturer of aircraft landing gear, propellers and actuators
- U.S. general aviation airframe manufacturer for selected product lines
In addition, he has represented airlines, airframe and component manufacturers or lessor and suppliers most recently in connection with the following major losses:
- July 28, 2010 Airblue A321 near Islamabad, Pakistan
- June 30, 2009 Yemenia A310 near Moroni, Comoros
- August 20, 2008 Spanair MD-82 at Madrid, Spain
- June 10, 2008 Sudan Airways A310 at Khartoum, Sudan
- March 10, 2008 Adam Air B737 at Batam, Indonesia
- March 7, 2007 Garuda B737 at Yogyakarta, Indonesia
- January 1, 2007 Adam Air B737 near Sulawesi, Indonesia
- January 3, 2004 Flash Airlines B737 into the Red Sea
- May 25, 2002 China Airlines B747 into the Taiwan Straits
- July 25, 2000 Air France Concorde near Gonesse, France
- February 16, 2000 Emery DC-8 loss at Rancho Cordova, California
- April 19, 2000 Air Philippines B737 at Daveo City, Philippines
Products Liability CounselingMr. Westerberg has counseled a number of aircraft product manufacturers on preventative measures to reduce products liability exposures. He routinely works with in-house product safety committees and provides legal advice in connection with post-sale product support efforts.
Air Carrier LitigationMr. Westerberg has been involved in FAR Part 121 and Part 129 air carrier litigation for three decades and has handled losses ranging from cargo losses to mid-air collisions. He currently serves as regional counsel for select foreign air carriers serving the Chicago market for all types of claims.
Insurance Coverage Counseling and LitigationMr. Westerberg has extensive experience in representing insurers’ interests in complex insurance coverage disputes in the aviation, oil, mining, steel making, and chemical industries. He has routinely provided coverage advice concerning punitive damages, environmental pollution, health hazard and asbestos liability claims, allocation of multi-year losses, product recall losses and a variety of other coverage issues.
His environmental pollution coverage experience involves litigation and settlement of claims for coverage by:
- U.S. domestic and several foreign airlines for cleanup costs in connection with contamination of soil and groundwater at scores of U.S. airports
- Major U.S. oil companies whose environmental liabilities arise from hundreds of locations and involve billions of dollars in exposures
- Airports and aviation manufacturing facilities where contaminated groundwater used for drinking has generated thousands of bodily injury claims
- Steel industry where contamination of environment at mills and waste disposal sites has generated significant cleanup costs
- Mining industry for damage to natural resources and U.S. Forest Service lands
- Chemical companies where waste disposal practices have resulted in significant off-site contamination
TrialsGary served as lead trial counsel in many litigations that have gone to verdict over the past 25 years including air carrier mid-air collisions, several general aviation and industrial aid products liability claims and more recently, a number of declaratory judgment actions involving insurance coverage for environmental pollution claims.
Professional History
- Of Counsel, Locke Lord LLP
Professional Affiliations & Achievements
- Recognized in Chambers USA (2008-2013)
- Named, International Who's Who of Aviation Lawyers (2004-2011)
- Recognized, Illinois Super Lawyers (2008-2012)
- Member, American Bar Association
- Member, International Bar Association
- Member, Lawyer-Pilot Bar Association
- Member, International Association of Defense Counsel
- Member, National Transportation Safety Board Bar Association
- Pro Hac Vice: Alabama, Arkansas, Arizona, California, Colorado, Florida, Georgia, Hawaii, Indiana, Iowa, Idaho, Kansas, Kentucky,Minnesota, Missouri, Nebraska, New Jersey, New Mexico, New York, Ohio, Pennsylvania, Tennessee, Texas, Washington, Wisconsin
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