France Proper Venue for Airbus Crash Litigation
SAN FRANCISCO (CN) - Yet another lawsuit over the crash of Air France Flight 447 has been dismissed by a federal judge in the United States.
The action stems from the June 2009 mid-Atlantic crash that killed 228 and left surviving family members searching for answers amid a bevy of lawsuits against companies including Tyco Electronics Corporation, Intel Co., Airbus S.A.S. Honeywell International Inc. Thales Avionics S.A., Motorola Inc. General Electric Co. and du Pont de Nemours and Company.
Most of the cases were consolidated by U.S. District Judge Charles Breyer in San Francisco in 2010, the court finding that, "France is an adequate alternative forum for the wrongful death litigation arising from the crash of Flight 447, and that the balance of private and public interest factors favored dismissal of the actions filed in the United States," according to a 2011 order.
A proposed dismissal was similarly ordered for a federal lawsuit filed in San Francisco by Patricia, Mise, Patrick and Dominic Coakley.
The Coakleys contend 17 different problems with the instruments including radar, speed controls and engines of the aircraft contributed to the crash and her relative's death.
The defendants, many of which are the same as in the consolidated action, agreed to submit to French jurisdiction, toll any statute of limitations that may apply, make available any evidence and witnesses requested by the French court and pay final, non-appealable judgment awarded by the French court, the proposed order said.
Judge Breyer approved the order with prejudice.