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Federal Courts--Proposed Aircraft Crash Litigation Legislation, Kenneth W. Johnson

Missouri Law Review

The legal consequences of an air crash are infinitely more complex than other transportation disasters, and the litigation almost always presents special problems. A single crash often gives rise to multiple claims filed in diverse federal districts, each of which has proper jurisdiction and venue. Since liability may vary in accordance with the particular state law under which the case is tried, such duplication is arguably a necessary price for a federal system of law. State law, which ordinarily controls the resolution of substantive issues, may vary as to the use of certain defenses, the burden of proof, the availability …