Retaining an Aviation Expert Witness: FAQ for Attorneys
Answers to common questions from attorneys about retaining Elliott B. Lushin: conflict checks, plaintiff and defense engagements, fees, qualifications, testimony, and scheduling. For anything not covered here, call (812) 240-5483.
Retention & Conflict Checks
How do I retain Elliott B. Lushin as an aviation expert witness?
Start with a conflict check by email to elliott@lushinaviation.com or by phone at (812) 240-5483. Once the conflict check clears, he provides the current Fee Schedule, Retention Agreement, and Form W-9. A retention or confidential relationship is created only when the conflict check is complete and a written Retention Agreement is executed.
What information is needed for a conflict check?
The jurisdiction, the parties involved, and key case deadlines. Please do not send confidential or privileged case materials until the conflict check is complete.
How are conflicts involving airlines handled?
Elliott B. Lushin is a current Part 121 First Officer at a Major Legacy Airline. Matters involving his current employer, or other relationships that could create a conflict, are identified and addressed during the conflict check before any retention.
Plaintiff, Defense & Fees
Does he work for plaintiffs or defendants?
Both. He is available to plaintiff and defense counsel. The same fee schedule applies whether he is retained by plaintiff or defense counsel.
Is a fee schedule available?
Yes. The current Fee Schedule is provided upon conflict clearance, together with the Retention Agreement and Form W-9.
Can he be retained as a consulting expert instead of a testifying expert?
Yes. He is available for consulting (non-testifying) case review as well as testifying engagements, including Rule 26 expert reports, depositions, and trial testimony.
Qualifications & Testimony
What are his aviation qualifications?
He holds an FAA Airline Transport Pilot (ATP) certificate with five type ratings (A-350, A-320, B-757/767, DC-9, ERJ-170/190) and has ~4,500 total flight hours, including ~2,900 hours of Part 121 airline jet time. He is a former U.S. Marine Corps F/A-18 pilot, T-6 Texan II instructor and stage check pilot, and Aircraft Maintenance Officer, and a retired Indiana Air National Guard A-10C pilot and Range Safety Officer. See the qualifications page and CV.
How are his opinions prepared for a Daubert or Rule 702 challenge?
Opinions are grounded in his operational experience and tied to the record and to identified standards: the Federal Aviation Regulations, FAA guidance, operator manuals and procedures, and military instructions where relevant. Each opinion explains the basis and method used. Whether an opinion is admissible is for the court to decide.
What litigation experience does he have?
He is currently retained as an aviation expert witness in Florida Circuit Court litigation (2026–Present). Information about prior testimony, including any list required under Federal Rule of Civil Procedure 26(a)(2)(B), is provided upon conflict clearance.
Does he perform accident reconstruction?
No. His opinions address flight operations, crew standard of care, training, regulations, and maintenance program management. Where a case requires accident reconstruction or component failure analysis, counsel may need an additional expert.
Scheduling & Logistics
How quickly can a case review be completed?
Turnaround depends on the volume of materials and the case schedule. Availability and timing are confirmed during the conflict check, so please include key deadlines in the initial inquiry.
Where is he located, and does he travel?
He is based in Columbus, Indiana, and is available nationwide for federal and state matters. Depositions and testimony can be in person or remote.
How should case materials be sent?
After conflict clearance and retention, counsel will receive instructions for transmitting materials. Please do not send confidential or privileged materials before then.
Case Intake & Conflict Checks
Available to plaintiff and defense counsel nationwide for initial conflict checks, case evaluations, Rule 26 expert reports, depositions, and trial testimony. Please include the jurisdiction, parties involved (for conflict screening), and key case deadlines in your initial inquiry. The current Fee Schedule, Retention Agreement, and Form W-9 are provided immediately upon conflict clearance.