Bavis v. UAL Corp.

ORDER AND OPINION REGULATING BURDENS OF PROOF AND ISSUES FOR JURY INSTRUCTIONS

ALVIN K. HELLERSTEIN, District Judge:

This case is the last remaining wrongful-death action of the 95 originally filed. Trial is to begin November 7, 2011. The parties seek rulings on certain basic issues: (i) whether federal law preempts state law on the standard of care applicable to Defendants’ conduct; (ii) whether, if federal law is preemptive, what is the standard regulating defendants’ conduct, and what should be the order and burdens of proof; and (iii) what categories of damages Plaintiff may recover. In…