Legal Opinion
In re Air Crash at Madrid
District Court, C.D. California
Decided March 22, 2011No. Case No. 2:10-ML-02135 GAF; MDL 2135PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM & ORDER REGARDING MOTION TO DISMISS FOR FORUM NON CONVENIENS
GARY ALLEN FEESS, District Judge.
I
INTRODUCTION & BACKGROUND
On August 20, 2008, a McDonnell Douglas MD-82 aircraft operated by Spanair as flight JK5022, crashed during takeoff in Madrid, Spain, killing 154 people and injuring 18 others. (Docket No. 198, Declaration of Thomas K. Dodt (“Dodt Deck”) ¶¶ 3, 6.) Evidence shows that the plane crashed after its takeoff warning system (“TOWS”) did not sound to alert the pilots that the wings’ slats and flaps were not configured in takeoff position. (Id. ¶¶ 11, 15.) Now, 204…
2Cases cited28 opinions
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
- Piper Aircraft Co. v. ReynoSupreme Court of the United States · 1982
- Koster v. (American) Lumbermens Mutual Casualty Co.Supreme Court of the United States · 1947
- Dole Food Co. v. WattsCourt of Appeals for the Ninth Circuit · 2002
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3Cited by5 opinions
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- Zilberstein v. FrankensteinSuperior Court of Delaware · 2021