Airline Pilot Expert Witness: Part 121 Operations & Flight Crew Standard of Care
Elliott B. Lushin is a current Part 121 International Widebody First Officer (A-350) with ~2,900 hours of Part 121 airline jet time and five FAA type ratings. He is available nationwide to plaintiff and defense counsel for case review, Rule 26 expert reports, depositions, and trial testimony in matters involving commercial airline flight operations.
Issues Addressed in Airline Cases
- Flight crew standard of care: whether the crew’s actions were consistent with 14 C.F.R. Part 121, the operator’s Flight Operations Manual (FOM) and standard operating procedures, and accepted airline practice.
- Checklists and procedures: checklist discipline, callouts, and the use of Quick Reference Handbook (QRH) normal, abnormal, and emergency procedures.
- Crew Resource Management (CRM) and Threat and Error Management (TEM): communication, monitoring, workload management, and decision-making in a two-pilot crew. See pilot error, CRM & human factors.
- Approach and landing: stabilized-approach criteria, go-around decisions, and runway excursion events.
- Flight release and dispatch: pre-departure flight release, weather and fuel planning, operational control, and Minimum Equipment List (MEL) / Configuration Deviation List (CDL) deferrals coordinated with dispatch and line maintenance.
- International and long-range operations: ETOPS operations, oceanic procedures, and North Atlantic Tracks.
- Airline training and safety reporting: Advanced Qualification Program (AQP) training, including Line Operational Simulation (LOFT / LOE), and the role of Aviation Safety Action Program (ASAP) and Safety Management System (SMS) reporting.
Relevant Airline Background
- Major Legacy Airline (December 2017 – Present): International Widebody First Officer (A-350, 2022–Present), conducting long-haul 14 C.F.R. Part 121 scheduled international ETOPS operations across Asia/Pacific, Europe (including North Atlantic Tracks), and South America.
- Domestic and international scheduled passenger operations across the DC-9 (MD-88), B-757/767, and A-320 fleets (2017–2022), following 14 C.F.R. Part 121 regional jet operations at Republic Airways (2017).
- FAA Airline Transport Pilot (ATP) certificate, Airplane Multi-Engine Land; FAA type ratings in the A-350, A-320, B-757/767, DC-9, and ERJ-170/190.
- ~4,500 hours total flight time, including ~2,900 hours of Part 121 airline jet time.
How an Airline Case Is Reviewed
Each review starts with the record: the applicable regulations, the operator’s manuals and procedures in effect at the time, training records, available flight data, and witness testimony. Opinions explain what a reasonably careful airline crew would have been expected to do in the same circumstances, and why, in plain language a judge or jury can follow. The regulations most often at issue are summarized on the FAA regulations page.
Frequently Asked Questions
Is Elliott B. Lushin a current airline pilot?
Yes. He is a current Part 121 International Widebody First Officer (A-350) at a Major Legacy Airline and has flown Part 121 scheduled operations since 2017.
Does he work for plaintiffs or defendants in airline cases?
Both. He is available to plaintiff and defense counsel. The same fee schedule applies whether he is retained by plaintiff or defense counsel.
What should an initial inquiry include?
Please include the jurisdiction, the parties involved (for conflict screening), and key case deadlines. Do not send confidential or privileged case materials until the conflict check is complete.
Other Practice Areas
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.