Legal proceedings on behalf of families of the deceased from Malaysia Airlines Flight 370 have been complex and pursued through varied legal theories in U.S. courts. Approximately 40 lawsuits have been coordinated before a federal judge in the District of Columbia, with some targeting Malaysia Airlines and others naming The Boeing Co., alleging a catastrophic defect caused the jet’s disappearance. The plaintiffs’ lawyers are divided, with some, like Steven Marks of Podhurst Orseck, arguing that since other causes have not been identified, a product defect must be presumed. Complicating matters is the 1999 Montreal Convention, which generally prevents foreign passengers from suing a foreign airline in U.S. courts, though lawyers have developed novel approaches to file in the United States.
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Originally published by Amanda Bronstad | Jun 7, 2016 | Law.com
