Legal
Legal Issues
The legal landscape surrounding Malaysia Airlines flight MH370 is as complex as the technical issues. It should be simple - the Montreal Convention defines legal responsibilities and compensation in event of loss of life in an aviation accident. But Malaysia Airlines was transformed after the loss of MH370 and the crash of MH17. The company which operated flight MH370 no longer exists and the current company accepts no liability for the previous losses. And since the release of the Safety Investigation Report in 2018 it is clear that the investigation team could not find a cause for the tragedy. So it will be difficult to prove that the aircraft manufacturer is liable for any defect. The errors made by air traffic controllers and other government departments or officials did not cause the aircraft to depart from the approved Flight Plan, so it can be acknowledged that the whole incident could have been handled better. But that would not likely have changed the outcome.
So it is understandable that in November 2018 U.S. District Judge Ketanji Brown Jackson ruled that litigation in the United States related to the Flight MH370 disaster is "inconvenient" and that the appropriate location for legal proceedings is in Malaysia as the loss of MH370 is a Malaysian tragedy.
The word inconvenient has a technical meaning in the legal context, and it seems harsh. None of the claims presented in the United States can proceed. It was undoubtedly hoped that, in addition to monetary compensation, some additional information would surface about the flight and the cause of the diversion and ultimate loss. Next-of-kin, family and friends of those lost on Flight MH370 also want answers and accountability.
The decision by Judge Ketanji Brown Jackson makes interesting reading. A link to the 61-page court document is provided below.
Air Crash Over the Southern Indian Ocean, on March 8, 2014, U.S. District Court, District of Columbia, No. 16-mc-01184
For details and a link to download the Judge's decision go to the website for a company called Justia:-
There may be other sources, but none of the news media articles seemed to provide a link, and only printed short excerpts, such as the Conclusion, below:-
About Justia
Justia is a Silicon Valley company which has a mission to "advance the availability of legal resources for the benefit of society. We are especially focused on making primary legal materials and community resources free and easy to find on the Internet."
Their home page is https://www.justia.com/
V. CONCLUSION
At its core, this case is about the unexplained disappearance of a passenger plane operated by Malaysia Airlines as part of its national air carrier fleet following its departure from a Malaysian airport. The disappearance of Flight MH370 was the subject of a years-long investigation by Malaysian authorities, and while a host of other countries undeniably participated and undoubtedly have some interest in the legal claims that have been made in the wake of this tragedy—including China, Australia, India, and the United States—these other points of connection do not alter the fundamental and substantial nexus between this tragic incident and the country of Malaysia. In consideration of all of the relevant forum non conveniens factors, this Court has concluded that litigation in the United States related to the Flight MH370 disaster is inconvenient, and that dismissal of the MDL cases in favor of Malaysia is warranted. Thus, as reflected in the attached Order and subject to the conditions laid out therein, Defendants’ joint motion for forum non conveniens dismissal is GRANTED, and the cases in this MDL are DISMISSED without prejudice. Moreover, Defendants’ other threshold motions are DENIED as moot.
DATE: November 21, 2018
KETANJI BROWN JACKSON
United States District Judge