Law Commons^™

Public Safety Concerns And Meeting The Dudenhoeffer Pleading Standard, Douglass G. Brown

Journal of Air Law and Commerce

This Comment analyzes the recent Employee Retirement Income Security Act (ERISA) stock drop cases against The Boeing Company (Boeing) and reviews the underlying pleading standard in these cases that the Supreme Court set forth in Fifth Third Bancorp v. Dudenhoeffer. With the tremendous amount of assets in retirement plans—and specifically in employee stock ownership plans—litigation under ERISA can be extremely costly to employers, especially those in the airline industry that offer these plans. The current pleading standard for stock drop cases has become a practically insurmountable barrier to plaintiffs, even when their employers know they are negligently creating products …

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 …