Lawyer Pilot's Bar Association
 
In Memoriam


Gregory S. Winton - May 6, 1964 - July 4, 2021

It is with great sadness and a broken heart, that we convey the most untimely passing of long-time LPBA Sustaining Member, Gregory S. Winton, on July 4th; he apparently fell into the water while securing his boat at their home's dock in Annapolis after an outing to see the fireworks with his wife Erica. He was 57.

Greg's passion for aviation started early. He became enthralled with flying in high school and worked to earn money for his flying lessons. Though he did not consider himself academically inclined, he went to college motivated by a pursuit of aviation at the Florida Institute of Technology and graduated from the Dowling College aviation program. He flew a traffic plane and towed banners over Long Island to help fund his training, gaining Commercial and Flight Instructor certificates in single- and multi-engine aircraft. He loved to fly, and to teach others to do so as well. His interest in law was ignited when he worked as a private investigator for his father, and he attended law school at night. He loved the challenge of thinking on his feet and the drama of courtroom battles. His interest attracted him to the FAA's office in Queens where he worked as a paralegal.

Having attained his JD from Touro College, he moved to metro Washington DC to work as a claims and litigation attorney in the FAA Chief Counsel's office in 1990. After eight years there, in 1998 he made the move to the United States Department of Justice Aviation & Admiralty litigation staff to be a lead lawyer defending the government in aviation crash cases. A little over two years later, with over ten years of government service in his logbooks, he set his sights on representing pilots and aviation operators in matters nation-wide and founded The Aviation Law Firm and Aviation Law Experts, LLC in Annapolis. There he represented a wide variety of clients in everything from commercial and tort cases to airman enforcement and medical cases, to mergers & acquisitions, UAS exemption requests, and regulatory advocacy. He spoke frequently and authoritatively on these matters at a variety of symposia, including ours.

Greg's friends, family and associates remember his unvarnished enthusiasm for his work, for his close and extended family, and for spontaneous, spur-of-the-moment adventures usually involving his airplane, motorcycle, boat or jet ski. The more family or friends who could join in these, the better. One favorite was using his plane to transport his passengers to breakfast, lunch and dinner in three different states, just so they could say that they'd done it. In contrast to these outward experiences, he would likewise engage in extended discussions with family and friends on close personal matters, always with sympathy and without judgment. He was proud to be a "girl dad", with two daughters of his own, and two stepdaughters from his marriage to Erica. One stepdaughter said at his memorial service that he was her "true father" and she'd coined his inter-familial nickname of 'Ozwald', which he happily embraced.

He also stayed true to good friends. In college, he was one of seven young men who loved aviation and committed to stay in touch with each other; they've met together ever since to do things like warbird dogfights and cross-country flights. "Now, there'll only be six of us", one said. "But we'll continue, and he'll be there with us in spirit." His giving nature attracted reciprocal responses. At the Summer 2010 LPBA gathering in Nemacolin, PA, where the airport was on the hotel property, Greg's aircraft evidenced a magneto issue on run-up and he returned to his tie-down wondering how and when he could get a mechanic into this rural site for a repair. Another LPBA member revealed he held an A&P certificate and would see what he could do if furnished with some tools; another member (ahem) brought over a set from his RV. Greg helped get the cowling off and in an hour or two the repair was made and signed off. He thanked the mechanic profusely and flew home to his family.

Greg's sister said, "his radiant smile was the outward evidence of living with a joyful heart". While his life was cut far too short, it cannot be said that he wasted any of his 57 years in idleness or isolation. And for that, we can all be grateful; we had all the friendship and joy that his time here allowed.

A funeral service was held yesterday in Annapolis. Further information about Greg's passing, guestbook entries, and donations in Greg's memory is available at:

https://www.echovita.com/us/obituaries/md/annapolis/gregory-winton-12980799

"For surely, goodness and love shall follow me all the days of my life; and I shall dwell in the house of the Lord forever." Psalm 23:6

Gary W. Allen




F. Lee Bailey and Enstrom Helicopter

Remembering Former LPBA Member F. Lee Bailey

The news of the June 3rd passing of F. Lee Bailey, one of the legal giants of the 20th Century, was hard to miss; his lawyerly skills, media sophistication and client roster had repeatedly elevated him to newspaper headlines and broadcast news accounts over the decades, and his death in relatively humble circumstances did it one more time. The media accounts of his life focused on some of his boldest triumphs and a few humiliating downfalls, as one might expect.

But among members and friends in the LPBA, of which he was a longtime member and supporter, there were remembrances spontaneously shared of a quite different sort, experiences that showed a side of him that was less newsworthy but painted a more accurate picture of the man as a whole.

I'll lead off with one of my own. The murder of Marilyn Sheppard in Bay Village, Ohio on the night of July 4th, 1954 happened the very first night the Allen family moved into its new house located about five miles away. We saw police cars all over the Sheppard front lawn as we drove by on an errand the following morning.

That case, of course, resulted in the trial and conviction of Marilyn's supposedly-jealous osteopath husband "Dr. Sam," who protested his innocence and described in somewhat vague and unemotional terms his encounter with a "bushy-haired" intruder who knocked him senseless as he tried to come to his wife's aid. The press coverage in greater Cleveland was intense, negative to Dr. Sam, and pervasive.

F. Lee Bailey took on the appeal and over a decade later, it was working its way up the appellate ladder when Bailey argued the matter in Cleveland. To our family's surprise, my mother announced that she was going downtown to observe the argument.
Now, Lillian Allen was intelligent and even had a college degree (all too unusual back then), but her interests were tightly centered on her home and family, and for her to head downtown for anything besides shopping at the department stores or a special occasion with Dad was highly unusual indeed. But go she did, and at the family dinner table that night she described how well-groomed Mr. Bailey was, how commanding his presence had been, and how enthralled the courtroom attendees were in his arguments. She pronounced herself very satisfied that she had attended. Dad looked at her with a "Well, whattya know!" kind of pride for her adventure.

Ed Booth, who supplied the attached picture, said:

"I first met Lee in 1973 when he was on trial in Jacksonville (yes, he was the defendant). My father was involved in the case as court-appointed counsel for one of the witnesses. I recall him having dinner or cocktails at our house. He made quite an impression on me. (I was in 11th grade at the time.)

I next saw him in the early 1990's at LPBA functions. We stayed in touch after that, and I last saw him in May of 2017 when he was in Jacksonville. He signed a copy of his book for me. He was in excellent spirits and was giving CLE lectures on cross-examination.

His aviation exploits were memorable. For a time, he commuted from his home to his Boston office in an Enstrom helicopter, and later purchased the company.

His last aviation project was the Twin Comanche "Bailey Bullet" and he brought one to the 1996 LPBA Winter Convention in Polk City, FL, and his son gave a couple of us demo rides.

I also recall Lee attending and speaking at the Winter 1996 Convention in Polk County, FL (Grenelefe Country Club), the Winter 1993 Convention at The Doral in Miami, and the Summer 1991 Convention in Nantucket Island, MA. I will never forget when Lee brought his client, the Prime Minister of the Bahamas, Sir Lynden Pindling, to our Winter 1991 Convention in The Abacos, Treasure Cay Resort. Pindling was the guest speaker at the Saturday night banquet. I recall the Bahamian version of Secret Service agents were watching us closely."

Kathy Yodice remembered:

"We knew Lee well. Obviously my father [John Yodice] was good friends with him for many, many years.

Personally, my most vivid memory of him was standing on a beach in Florida, I don’t know why we were in Florida (LPBA meeting? AOPA Plantation Party?) or what year, except that I was young, maybe ten or 12 years old, maybe younger. We were watching his helicopter land on the beach. All of a sudden, the helicopter started spinning and smacked down on the sand and continued to beat itself (as helicopters do) until it stopped. The pilot got out and was fine. What struck me was how appropriate he [Lee] was about it. It was like he was taking in what he just saw, he was mulling what he should do and what he might need to do, and he was taking his time to make sure he was going to do the right thing. That's how I viewed much of what I saw Lee do. He loved the limelight, he loved attention, and loved convincing people, always in his role as a lawyer. In his personal life, I knew him to be much more private. But, as an attorney, watch out, because if he was talking, you could bet he knew what he was talking about."

Lee Bailey did love the limelight, but he also loved aviation, in which he became heavily involved. On one occasion, he owned the company that created the Interceptor 400, an FAA-certified turboprop conversion of the svelte Meyers 400 piston single. On a demonstration flight for a Flying Magazine aviation writer, the company pilot managed to flame out the engine by improperly switching tanks and Bailey sued the FAA for certifying a turboprop which did not have the required "uninterruptible" source of fuel.

Sustaining Member Mark Dombroff, then a DoJ trial attorney, noticed Mr. Bailey's deposition. His counsel moved to quash it, saying the US just wanted to take the deposition of "the famous F. Lee Bailey." The judge didn't quash it, though, and at the deposition Mark started asking questions all about Lee's life, background, etc.

Bailey's counsel bitterly objected, saying he didn't understand why the deposition had been noticed in the first place. Mark replied, "Oh, I just wanted to take the deposition of F. Lee Bailey." Mr. Bailey suppressed an obvious smile. When asked to give his occupation, he answered, "Attorney, author, lecturer and manufacturer," and as Mark recalled, "pretty much sank his case [against FAA] by just telling the truth about pilot error." He later wrote a kind foreward for one of Mark's books.

As John Yodice noted in comments to me, Bailey was generous with his time during his affiliation with the LPBA. At a time when he was commanding hefty fees for appearances and lectures, he spoke at our meetings gratis and his presence drove up meeting attendance and memberships. With John, he took on the FAA and NTSB representing Bob Hoover, hammering at the twin bureaucracies and the need for legislative reform which eventually occurred and has now brought the more reasonable enforcement philosophy seeking compliance, not retribution.

My one personal experience with Lee was, well, memorable. At the 1993 Convention at The Doral, he and I were supposed to present an attorney/witness scenario for the attendees that we blocked out ahead of time with his questions and my expected responses. But in the event, my brain completely froze and in terror I started making up answers that bore no resemblance to The Plan. He handled it well and when I blurted out my acute embarrassment and apologies to him afterwards, he graciously waved it off and said, "Don't worry about it, Gary, it was fine."

In a 2009 interview with Jeff Burger of Business Jet Traveler (F. Lee Bailey, www.bjtonline.com, a great read) about his involvement with aviation, he was asked about how his public image differed from the "real" F. Lee Bailey. He replied that generally people were "surprised to find out that [I'm] a really nice guy," and they generally came "to an attenuated view because I'm not terribly impressed by myself and I have a good time doing things a lot of people like to do - particularly in aviation, which is a much more rewarding field than the law. If I had it to do all over again, I would have stuck with aviation from the outset."

Many of us in LPBA can vouch for the fact that Lee Bailey was a dazzling courtroom practitioner, very gracious personally, and a long-term friend to our organization and to aviation. For the sake of both aviation and the law, we can be glad he lived his life as he did.

For there won't be another one like him.

Gary W. Allen




Jay Fred Cohen

Jay Fred Cohen, 86 of Columbia, Maryland, passed away on October 9, 2020. He is survived by his loving wife, Sonya Cohen (nee Finklestein), his daughters and sons in law, Robin and Dirk Gilliam, Lisa and Jeff Caplan, his grandchildren, Carlie and Brett Caplan, his sister and brother-in-law, Paula (nee Cohen) and Irv Gemora.

He was predeceased by his parents, Ephriam and Sarah Cohen (nee Greenberg).

Services are private. Please omit flowers, in lieu of flowers, contributions in his memory may be sent to Small Miracles Cat & Dog Rescue, 10236 Baltimore National Pike, Ellicott City, MD 21042 (www.Smallmiraclesrescue.org) or St. Jude Children's Research Hospital, Memorial Giving, 501 St. Jude Place, Memphis, TN 38105 (www.stjudes.org).

Published in Baltimore Sun from Oct. 12 to Oct. 13, 2020.




Tim Miller

Tuesday, August 20, 2019

Longtime LPBA member and former President (2003-2004) Tim Miller flew west in early August after a brief illness. Timothy Edward Miller was born on May 14, 1954 to Sterling and Joan Miller in Edina Minnesota, and attended Oregon State University, The University of Minnesota and later Lewis and Clark Law School, where he obtained his JD. He went on to work as an attorney for Martin, Bischoff and eventually founded his own law firm, Miller and Associates, specializing in aviation law. A bright and productive lawyer, Tim was happiest spending time with family, friends, and his beloved dogs in the great outdoors. He climbed every mountain in Oregon and Washington State, and was especially proud to have summited North America’s highest peak, Denali, in 1975. He was an avid pilot and flew his A36 Bonanza to many LPBA events.

Though a vigorous advocate for his clients, Tim never lost sight of the ultimate goal of the practice of law. “I had clients – parents who had lost their only child in an Alaskan air taxi crash – who obviously took their loss very hard,” recalled former LPBA President Ed Booth. “Tim had made a settlement offer, but my clients couldn’t understand how they could accept it. Tim agreed to see them and with extraordinary compassion, expressed his client’s deep regrets for their loss and explained the financial context of his client’s settlement offer. My clients saw his sincerity, and were then able to move on in a healthy way.”

Tim is survived by his two daughters, Katherine O’Brien and Madeline Miller, his brother Steve Miller, sisters Debbie Garrow and Susan Melcher, and his numerous nieces, nephews, and their children.

A memorial service will be held on Sunday, September 22nd at 2:00 pm at The Foundry at Oswego Point in Lake Oswego, Oregon. Charitable contributions may be made to The Timothy Edward Miller Memorial Fund for Central City Concern. https://www.paypal.com/pools/c/8hh2RD63KZ


Lawyer-Pilots Bar Association Member David Mauritson Dies in Airplane Crash Austin, Texas, USA

February 3, 2016

The Lawyer-Pilots Bar Association lost a distinguished member on Monday. David R. Mauritson of Fairhope, Alabama, was flying a Civil Air Patrol mission Monday evening when his airplane was reported missing near Mobile Regional Airport. It was determined after a search that his airplane had crashed and both he and his passenger had been killed.

“David Mauritson was not only a lawyer-pilot, he was also a Harvard-educated physician who had flown many humanitarian missions over the years. He was a superb pilot and good man. His loss will be felt by his colleagues and so many people he had helped. Our heartfelt condolences go out to his family,” said Mark Pierce of Austin, Texas, president of the Lawyer-Pilots Bar Association (LPBA).

Dr. Mauritson had been a pilot for over 50 years, having been taught to fly by his mother, who was a certified flight instructor. He became an instructor himself and taught his own children to fly. A former president of the Flying Physicians Association and a recipient of its Distinguished Service Award, Dr. Mauritson had over 11,000 hours of flight time and flew volunteer missions for Mercy Flight Southeast to give free air transportation for people who needed medical care but who otherwise could not get treatment.

“Dr. Mauritson was a great role model for lawyers, doctors, and other professionals who converted a love of aviation into a mission for helping others,” Pierce said.

Dr. Mauritson had been a member of the Lawyer-Pilots Bar Association since 2009.

Contact:
Mark Pierce
President, Lawyer-Pilots Bar Association
Mark@PierceLawPLLC.com
PO Box 42036
42 East Avenue
Austin, TX 78704
Ph.: 512.497.0630


Judge William Fowler

Friday, August 14, 2015

A message from Christopher A. Hart, Chairman of the National Transportation Safety Board regarding the passing of former National Transportation Safety Board Administrative Law Judge William Fowler.

Everyone -- With great sadness I would like to inform you that Judge William Fowler passed away on Sunday, August 9, 2015, at the age of 93.

Judge Fowler served in the U.S. Navy from October 1942 to December 1945. After that, he had a long and distinguished career in administrative law. He began his civilian Federal career as a special assistant to Attorney General Robert F. Kennedy at the United States Justice Department in 1961. He worked on the Organized Crime task force investigating Mafia activity.

In June 1969, he joined the National Transportation Safety Board as an administrative law judge. In 1977, he was appointed Chief Judge at the NTSB, and he continued serving in that position until he retired on May 3, 2012, after 53 years of distinguished service to the NTSB and to the American public.

In 2009, Judge Fowler was awarded the Mary C. Lawton Outstanding Government Service Award for his lifetime of excellence in administrative law. He was best known in the courtroom for his dignity and calm judicial temperament. He was not only a wonderful, caring, and thoughtful person, but he was such a great jurist that he won the respect of even those who lost their cases before him.

I have known Judge Fowler for several decades, even before I first came to the NTSB in 1990. He was always, and will always be, an inspiration to me, and he set a wonderful example for the entire Federal service. He will be greatly missed.

A memorial service will be held for Judge Fowler at the Howard University Law School Chapel on August 29, 2015 at 11:00 a.m. I will provide more details about the memorial service at a later date, as I learn them.

Chris


Albert_M_Orgain_IV

It is with great sadness that the Lawyer-Pilots Bar Association reports the death of Sustaining Member Albert M. Orgain IV of the Sands Anderson law firm in Richmond, Virginia. He lost his life on Friday morning June 27th, when his 182 flipped over during a forced landing in a field near Halifax, NC after he reported losing power to ATC. He was flying solo on a business trip at the time.

Al was an active pilot and member of the LPBA who presented a panel at our Williamsburg Summer Meeting on state-level aviation issues and flew his 182 in the Spot Landing Demonstration there. He had recently returned to the position of Chairman of the Virginia Aeronautical Historical Society (VAHS) at its request, having earlier completed eight years of service in this position, and was a driving force behind its mission to connect people with the exciting story of air and space in Virginia. His antics as impressario “Fast-Tongue Al” at the annual fundraising auction at the wonderful VAHS Museum at RIC were the stuff of legend.

Though he was not one to mention it, his own career in aviation was sufficiently legendary to merit his induction into the Virginia Aviation Hall of Fame in 2010. After graduating from the Virginia Military Institute in 1965, he served in the Vietnam war as an Army helicopter gunship pilot and instrument flight instructor. His combat flying earned him two Purple Hearts and the two awards of the Distinguished Flying Cross, plus six Air Medals. He served as a Captain in the Virginia Army National Guard and did a tour as a helicopter pilot and Section Leader. His advocacy for aviation in his home state put him on a first-name basis with virtually everyone connected with its operation, regulation and promotion.

After earning his law degree at Washington & Lee, he joined the Sands Anderson firm in 1972 and grew an active aviation and transportation practice there that, although concentrated in the mid-Atlantic, spanned the country. Flying was his first love, and on the firm’s video biography he repeated his credo, “I practice law so I can fly.” He had N182PE, his 1977 182Q, equipped with a Garmin GTN 650 GPS and Mode S/ADS B-capable GTX 330ES. He had recently committed the firm to pay for the pilot training of one of its new aviation partners.

Al loved the LPBA and he and his lovely wife Jan were always glad to see their friends and make new ones whenever and wherever fellow members gathered. The Lawyer-Pilots Bar Association extends its sincerest condolences to Jan, the Orgain family, his firm, and to the many people from all walks of life who were touched by this open, gregarious, big-hearted man whose example of a life fully lived will touch hearts and inspire careers for years and generations to come.

A funeral service will be held at 1300 on Wednesday, July 2nd at St. Stephens Episcopal Church, 6000 Grove Avenue in Richmond, VA 23226.


 
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