Legal Opinion

Paris Air Crash v. in MDL 172

Court of Appeals for the Ninth Circuit

Decided June 2, 1980No. Nos. 77-2099, 77-2266PublishedCited by 5 opinions

1Opinion of the Court

KENNEDY, Circuit Judge:

The single question in this interlocutory appeal is whether the California rule that punitive damages are not permitted in wrongful death actions is consistent with the equal protection clause of the fourteenth amendment and its counterpart in the state constitution. The question arises in the wrongful death actions that resulted from the Paris air crash of March 3, 1974. A DC-10 passenger plane operated by Turkish Airlines, Inc., was en route from Paris to London when it crashed, and all 346 people aboard were killed.

Wrongful death actions commenced in various…

2Cases cited28 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Bishop v. WoodSupreme Court of the United States · 1976
  3. Duke Power Co. v. Carolina Environmental Study Group, Inc.Supreme Court of the United States · 1978
  4. Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
  5. Tarasoff v. Regents of University of CaliforniaCalifornia Supreme Court · 1976

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3Cited by5 opinions

  1. In re Air Crash Disaster Near Chicago, Illinois on May 25, 1979Court of Appeals for the Seventh Circuit · 1981
  2. Smith v. WhitakerSupreme Court of New Jersey · 1999
  3. In Re Paris Air CrashCourt of Appeals for the Ninth Circuit · 1980
  4. In Re Air Crash Disaster Near Chicago, Illinois on May 25, 1979. Appeal of McDonnell Douglas Corporation. In Re Air Crash Disaster Near Chicago, Illinois on May 25, 1979. Appeal of in All the Consolidated Cases in Master File No. Mdl 391. In Re Air Crash Disaster Near Chicago, Illinois on May 25, 1979. Appeal of Lloyd's Bank California as of Estates of Williard R. Nary and Julia T. Nary, DeceasedCourt of Appeals for the Seventh Circuit · 1981
  5. Smith v. WhitakerSupreme Court of New Jersey · 1999

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