In re Air Crash Disaster at Cincinnati Airport, 8A.
| Decision Date | 21 October 1968 |
| Docket Number | No. 8A.,8A. |
| Citation | 295 F. Supp. 51 |
| Parties | In re Multidistrict Civil Actions Involving the AIR CRASH DISASTER AT the GREATER CINCINNATI AIRPORT (CONSTANCE, KENTUCKY) on November 8, 1965. |
| Court | Judicial Panel on Multidistrict Litigation |
Before ALFRED P. MURRAH, Chairman, JOHN MINOR WISDOM, EDWARD WEINFELD, EDWIN A. ROBSON, WILLIAM H. BECKER, JOSEPH S. LORD, III, and STANLEY A. WEIGEL, Judges of the Panel.
This matter came up for consideration on August 8, 1968 pursuant to the Panel's order to show cause why the actions listed on the attached Schedule A should not be consolidated and transferred to a district or districts other than those in which they are now pending. This show cause order was entered on the initiative of the Panel pursuant to section 1407(c) (i).
On November 8, 1965, American Airlines Flight 383 crashed while making its final approach to the Greater Cincinnati Airport. Fifty-eight of the sixty-two persons on board were killed. There are thirteen civil actions arising from this accident presently pending in six different federal district courts.1
All counsel in the cases listed on Schedule A were notified of the hearing and none who appeared opposed consolidation and transfer. Counsel for certain of the passenger-plaintiffs objected to the inclusion of the "crew cases" and the actions commenced by the airlines against the United States with the "passenger cases" on the ground that the former present substantially different and more complex issues. Those actions may indeed present substantially different legal issues but many of the fact questions are common to all cases. Cf. In re Air Crash Disaster At Greater Cincinnati Airport (Constance, Kentucky) On November 20, 1967, 298 F.Supp. 353 (Judicial Panel on Multidistrict Litigation, 1968). Counsel in the passenger cases is concerned that consolidation of all cases may delay trial of the "passenger cases" but they may be separated and remanded pursuant to 28 U.S.C. § 1407(a) as soon as pretrial is completed as to them.
Counsel appearing for all parties readily conceded that the United States District Court for the Eastern District of Kentucky is the most appropriate court to conduct the pretrial proceedings. The situs of the crash, many of the witnesses and much of the documentation is located within or convenient to the Eastern District of Kentucky. Chief Judge Mac Swinford is willing and able to accept the responsibility for supervising the pretrial of these cases. We are satisfied that the consolidation of all cases arising from the November 8, 1965 crash in the Eastern...
To continue reading
Request your trial
-
In re Concrete Pipe
...file. 2 See In re Plumbing Fixture Cases, 295 F.Supp. 33 (Jud.Pan.Mult.Lit.1968). 3 See In re Air Crash Disaster at Greater Cincinnati Airport (American Airlines), 295 F.Supp. 51 (Jud.Pan.Mult.Lit.1968). 4 See In re Scotch Whiskey Antitrust Litigation, 299 F.Supp. 543 (Jud.Pan. Mult.Lit.196......
-
IN RE AIR CRASH NEAR DENVER, COLORADO ON OCTOBER 3, 1969
...in duplicative discovery unless transferred to a single district for pretrial proceedings. In re Air Crash Disaster at Greater Cincinnati Airport, 295 F.Supp. 51 (Jud. Pan.Mult.Lit.1968). No party has contested the choice of Colorado as transferee forum and we think the reasons for its sele......
-
In re Antibiotic Drugs
...present no bar to transfer under Section 1407 where common questions of fact are present. In re Air Crash Disaster at Greater Cincinnati Airport, 295 F.Supp. 51 (Jud.Pan.Mult.Lit. 1968). In addition, both cases are purported class actions involving a class composed of "all persons, business......
-
In re Mid-Air Collision Near Fairland, Indiana, 30.
...Litigation, 295 F.Supp. 45 (JPML 1968); In re Cincinnati Air Disaster Litigation (TWA), supra; In re Cincinnati Air Disaster Litigation (American Airlines), 295 F. Supp. 51 (JPML 1968). There are no unusual circumstances present in this litigation which support a departure from this IT IS T......