Kathryn Grace is chair of the firm’s national Aviation & Aerospace Practice and serves as regional managing partner for the firm’s Charlotte and Raleigh, North Carolina, offices. She has a dedicated civil practice in complex litigation. While her focus is aviation, Kathryn handles other transportation and general liability matters.

Kathryn is widely recognized for her superior communications skills and ability to organize, strategize and continually assess the status of her cases to determine possible resolution opportunities. She makes it a priority to maintain constant contact with clients and carriers.

A world traveler, Kathryn has toured England, Wales, Scotland, the Czech Republic, Italy, Portugal, France, Austria, Hungary, Denmark, New Zealand, Fiji, Kenya, the Seychelles, Spain, and Sweden. She frequently visits her native Ireland, and lived in Dubai for three years as a child. Kathryn studied in Dublin for a semester of college and in Sydney during law school. Her impressive itinerary is reflected in her perspective and sensitivity to other cultures.

Kathryn participates in the annual Notre Dame summer mock interview program for law students, which pairs current students with Notre Dame alumni to conduct mock interviews that will help prepare them for the fall recruiting season. All rising second-year students are required to participate in the program, and all rising third-year students are invited to participate as well. This is the fifth year of the program.

Areas of Focus

Aviation & Aerospace
Kathryn's excellent analytical skills and her ability to be decisive make her an intrinsic member of Wilson Elser's aviation team and helicopter defense team. Her location in the DC Metro area positions her to represent a variety of aviation interests, including military contractors, commercial airlines and general aviation entities. Examples include representation of a major airline in a COVID-19 wrongful death claim, another major airline in a class action matter, a legacy airline in a serious injury case arising out of lightning strikes and one of the country's largest FBOs in a significant dispute with a regional airline.

Trucking, Transportation & Cargo
Kathryn handles transportation matters for one of the world’s leading food and beverage companies and one of the world’s largest take-out restaurant chains, both of which she has defended at trial. She also represents other trucking and transportation companies in personal injury and wrongful death cases.

    Education

    • George Mason University School of Law (J.D., 2005)
      • Trial Advocacy Association, George Mason Inn of Court
    • University of Notre Dame (B.B.A., magna cum laude, 2002)

    Bar Admissions

    • Virginia
    • District of Columbia
    • Maryland
    • North Carolina

    Court Admissions

    • U.S. Court of Appeals, Fourth Circuit
    • U.S. District Court, District of Columbia
    • U.S. District Court, District of Maryland
    • U.S. District Court, Eastern District of Virginia
    • U.S. District Court, Western District of Virginia
    • U.S. District Court, Eastern District of North Carolina
    • U.S. District Court, Western District of North Carolina

    Professional Affiliations

    • International Aviation Womens Association
    • George Mason Inn of Court Emeritus Member and Member of Membership Committee

    Awards & Honors

    • Selected for inclusion in The Best Lawyers in America®, 2024-2026
    • Selected for inclusion in The Best Lawyers in America® Women in Law, 2025
    • AV® Preeminent™ Rated by Martindale-Hubbell
    • Selected for inclusion in The Best Lawyers in America® in the area of Personal Injury Litigation – Defendants, 2021, 2023
    • Washington, DC’s Top Lawyers in Civil Defense, Washingtonian Magazine, 2021–2022
    • Selected for inclusion in Virginia Super Lawyers® Rising Stars™, 2012–2020
    • Selected for inclusion in Washington DC Super Lawyers® Rising Stars™, 2013–2020

Kathryn Anne Grace

Kathryn Grace is chair of the firm’s national Aviation & Aerospace Practice and serves as regional managing partner for the firm’s Charlotte and Raleigh, North Carolina, offices. She has a dedicated civil practice in complex litigation. While her focus is aviation, Kathryn handles other transportation and general liability matters.

Kathryn is widely recognized for her superior communications skills and ability to organize, strategize and continually assess the status of her cases to determine possible resolution opportunities. She makes it a priority to maintain constant contact with clients and carriers.

A world traveler, Kathryn has toured England, Wales, Scotland, the Czech Republic, Italy, Portugal, France, Austria, Hungary, Denmark, New Zealand, Fiji, Kenya, the Seychelles, Spain, and Sweden. She frequently visits her native Ireland, and lived in Dubai for three years as a child. Kathryn studied in Dublin for a semester of college and in Sydney during law school. Her impressive itinerary is reflected in her perspective and sensitivity to other cultures.

Kathryn participates in the annual Notre Dame summer mock interview program for law students, which pairs current students with Notre Dame alumni to conduct mock interviews that will help prepare them for the fall recruiting season. All rising second-year students are required to participate in the program, and all rising third-year students are invited to participate as well. This is the fifth year of the program.

Kathryn Anne Grace

Kathryn Anne Grace

Grace and Hogan Secure Appellate Affirmance for Airline Client in Montreal Convention Case

Kathryn Anne Grace (Partner-Charlotte, NC) and Christine R. Hogan (Partner-Baltimore, MD) secured affirmance of a dismissal from the Appellate Court of Maryland on behalf of our global airline carrier client. The plaintiff, a passenger on our client’s flight, alleged the airline wrongfully removed him and his children from a domestic flight from Atlanta to Baltimore and, as a result, he was emotionally distressed. This segment of the trip was the final leg of a return flight from Italy, thus part of an international journey. The plaintiff claimed the airline unjustly accused him of uttering profanities at the crew and wrongfully ejected him, describing the family’s removal as "wrongful, unfair, unjust, malicious, and callous.” He sought to recover monetary damages for emotional distress.

In an 11-page opinion, the Appellate Court confirmed first that the Montreal Convention applied to the claim and second that the Convention did not recognize his claim as viable. The three-judge panel affirmed the trial court’s dismissal of the passenger’s lawsuit against our client, explaining that the multinational treaty requires any cause of action to be predicated on a physical injury. The panel further observed that, even assuming the plaintiff had sustained a qualifying injury, his claims were time-barred as he filed beyond the two-year statute of limitations provided for by the Convention.

Kathryn Anne Grace and Christine R. Hogan

Airplane flying in sky

Grace, Melvani, and Tutone Obtain Dismissal With Prejudice in Aviation Wrongful Death Case

Kathryn Grace (Partner-Charlotte, NC), Nicole Melvani (Partner-McLean, VA), and Thomas Tutone (Associate-McLean, VA) obtained dismissal with prejudice of an aviation matter on behalf of Wilson Elser’s client, a student pilot. The case arose out of an airplane crash that resulted in the death of the certified flight instructor, as well as injuries to the client and a teenage passenger. The certified flight instructor’s estate filed a wrongful death claim against our client, who was participating in his first day of flight instruction through a university aviation program on the day of the accident. The amended complaint alleged that the student pilot was nervous and unprepared, and caused a stall during takeoff. Kathryn and Nicole successfully argued against this. In particular, the amended complaint failed to state a claim for relief because it did not allege that the client breached any duty owed under Federal Aviation Regulations. Importantly, and in support of an argument for dismissal with prejudice, they also argued the certified flight instructor was the pilot in command and bore ultimate responsibility for the operation of the aircraft at the time of the accident, and for ensuring the student was adequately prepared for the training flight. While this was a tragic accident, the certified flight instructor’s estate could not sustain a claim for negligence against her student for failure to state a claim and any amendment would be futile. The Court agreed and dismissed the action against our student pilot client in its entirety, with prejudice.

Kathryn Anne Grace, Nicole T. Melvani and Thomas Tutone

Grace & Barksdale Secure Defense Verdict in Airline Contract Dispute

Kathryn A. Grace (Partner-McLean, VA) and Nakea Barksdale (Associate-Baltimore, MD) secured a defense verdict in a breach of contract dispute where the plaintiff alleged he was incorrectly charged for a membership pass offered by our airline client. The plaintiff claimed that he intended to purchase a discounted membership pass but was charged for a higher-tier pass. Through meticulous cross-examination at trial, Nakea demonstrated that the plaintiff not only purchased the premium membership pass but also used its benefits immediately, booking a flight at a significantly reduced fare. Despite the plaintiff's argument, he was unable to provide any documentation to support his claim of an incorrect charge. The court ultimately ruled in favor of the airline, reinforcing the accuracy of its records and its fulfillment of the contractual terms.

Kathryn Anne Grace and Nakea J. Barksdale

Grace and Melvani Obtain Fourth Circuit Decision Impacting Claims Involving International Transport

Kathryn Grace (Partner-Charlotte, NC) and Nicole Melvani (Of Counsel-McLean, VA) prevailed in a seminal case before the Fourth Circuit Court of Appeals, obtaining an Order affirming the grant of summary judgment in favor of a private jet charter company. The Court agreed with Kathryn and Nicole that the Montreal Convention, an international treaty that governs the international carriage of cargo by air, preempted the plaintiffs’ state law claims. The plaintiffs contracted with our client to transport passengers and cargo from Oregon to Switzerland. At a refueling stop in North Carolina, U.S. Customs and Border Protection agents seized and ultimately destroyed the cargo on the grounds that it contained illegal marijuana. The plaintiffs contended that the product being transported was legal hemp and was wrongfully detained and destroyed by the government. The plaintiffs alleged that the charter company’s failure to submit proper customs paperwork resulted in the cargo’s detention and destruction, asserting causes of action for negligence, gross negligence, negligent misrepresentation, breach of fiduciary duty, and unfair and deceptive trade practices. The Fourth Circuit agreed with our argument, finding all of the plaintiffs’ claims fell within the preemptive scope of the Montreal Convention’s provisions and rejecting the plaintiffs’ various attempts to characterize the claims as outside of the Convention’s scope. The Fourth Circuit’s decision will have a significant impact on claims involving international transport.

Kathryn Anne Grace and Nicole T. Melvani

Grace Wins Twice in Maryland Aviation Case

Kathryn Grace (Partner-McLean, VA) prevailed in a bench trial involving a multifaceted claim pertaining to a passenger’s luggage. The passenger sought to advance a claim of negligence and breach of warranty for two pieces of luggage – one of which was replaced with an alleged faulty bag and one of which was damaged in transit on a different flight. At trial, Kathryn argued that the claim was barred by accord and satisfaction and that the Contract of Carriage contained a Limitations of Liability clause preventing recovery. The trial court agreed and found for the airline client. The passenger appealed and a de novo trial occurred at which the court ruled in favor of the aviation client citing the same grounds. The passenger again appealed, but the Supreme Court of Maryland declined to hear the case.

Kathryn Anne Grace

Unanimous Defense Verdict on Behalf of Major Airline Carrier

Kathryn A. Grace (Partner-McLean, VA) obtained a unanimous defense verdict for a major airline client before the U.S. District Court, Western District of Pennsylvania in a case alleging that an intoxicated passenger assaulted another passenger. Law360 featured the case in the September 23, 2022, issue of Law360.com after the jury unanimously found in favor of the airline carrier.

Kathryn Anne Grace

Airplane

Events

Kathryn Grace is chair of the firm’s national Aviation & Aerospace Practice and serves as regional managing partner for the firm’s Charlotte and Raleigh, North Carolina, offices. She has a dedicated civil practice in complex litigation. While her focus is aviation, Kathryn handles other transportation and general liability matters.

Kathryn is widely recognized for her superior communications skills and ability to organize, strategize and continually assess the status of her cases to determine possible resolution opportunities. She makes it a priority to maintain constant contact with clients and carriers.

A world traveler, Kathryn has toured England, Wales, Scotland, the Czech Republic, Italy, Portugal, France, Austria, Hungary, Denmark, New Zealand, Fiji, Kenya, the Seychelles, Spain, and Sweden. She frequently visits her native Ireland, and lived in Dubai for three years as a child. Kathryn studied in Dublin for a semester of college and in Sydney during law school. Her impressive itinerary is reflected in her perspective and sensitivity to other cultures.

Kathryn participates in the annual Notre Dame summer mock interview program for law students, which pairs current students with Notre Dame alumni to conduct mock interviews that will help prepare them for the fall recruiting season. All rising second-year students are required to participate in the program, and all rising third-year students are invited to participate as well. This is the fifth year of the program.

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