Litigation Commons^™

Welcome To The Jungle: The Application Of Foreign Law In Aircraft Accident Litigation, Bryan S. David

Journal of Air Law and Commerce

Ordinarily, all legally significant aspects pertaining to a lawsuit emanate from a single state (usually the state where the lawsuit was filed), and the court assigned to the lawsuit decides the case based strictly upon the laws of that state. However, by its very nature, aircraft accident litigation often arises from factual scenarios involving people and aircraft emanating from multiple states and even multiple nations. And those scenarios often raise questions regarding which law will apply. The body of law known alternatively as “conflict of laws” or “choice of laws” was specially designed to answer those questions.

However, over the …