Legal Opinion
In Re Korean Air Lines Disaster of September 1, 1983
District Court, District of Columbia
Decided July 1, 1996No. MDL No. 565. Miscellaneous No. 83-0345PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
AUBREY E. ROBINSON, Jr., District Judge.
On September 1, 1983, Korean Air Lines (“KAL”) flight KE007 was shot down by a Soviet military aircraft, after it had veered off its course into Soviet airspace, killing all 269 passengers. The liability of KAL for those deaths was determined in a multidis-trict litigation action in the District Court for the District of Columbia. 1 In that action, a jury found that KAL’s “willful misconduct” proximately caused the passengers deaths, thus allowing recovery beyond the Warsaw Convention’s $75,000 cap on damages. See Warsaw…
2Cases cited16 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- O'Melveny & Myers v. Federal Deposit InsuranceSupreme Court of the United States · 1994
- Sea-Land Services, Inc. v. GaudetSupreme Court of the United States · 1974
- Yamaha Motor Corp., USA v. CalhounSupreme Court of the United States · 1996
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3Cited by9 opinions
- Dooley v. Korean Air Lines Co.Supreme Court of the United States · 1998
- APCC Services, Inc. v. Sprint Communications Co., LPDistrict Court, District of Columbia · 2003
- In Re Air Crash Over Taiwan Straits on May 25, 2002District Court, C.D. California · 2004
- In Re Korean Air Lines Disaster of September 1, 1983. Philomena Dooley v. Korean Air Lines Co., LtdCourt of Appeals for the D.C. Circuit · 1997
- APCC Services, Inc. v. AT & T CORP.District Court, District of Columbia · 2003
4 more not listed; retrieve them via the Exa API.