IN RE: Air Crash Near Denver, Colorado, on October 3, 1969
MDL No. 88
J.P.M.L.Apr 30, 2015Background
- Four civil actions were filed by passengers, crew, and representatives after a Metro Commuter Airlines plane crashed near Denver on October 3, 1969.
- The United States is a common defendant in the actions and moved under 28 U.S.C. § 1407 to transfer all cases for coordinated or consolidated pretrial proceedings.
- Plaintiffs and Beech Aircraft (a defendant in one California action) opposed transfer, arguing voluntary coordination or pending motions in California would suffice and that transfer would impose travel expense and prejudice on Beech.
- Two passenger plaintiffs objected to consolidation with representatives of deceased crew members, citing differing legal issues between passenger claims and crew-death representative claims.
- The Panel found voluntary coordination unlikely to prevent duplicative discovery and emphasized common factual issues (location of witnesses, air traffic controllers, tapes, and FAA documents) centered in Denver.
- No party contested Colorado as the transferee forum; the Panel ordered transfer to the District of Colorado and assignment to Judge Fred M. Winner for coordinated pretrial proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether cases should be transferred under 28 U.S.C. § 1407 for coordinated pretrial proceedings | Plaintiffs: some argued their cases (passengers) should not be consolidated with crew representatives due to differing legal issues | United States: transfer necessary to avoid duplicative discovery and ensure efficient pretrial handling | Transfer ordered; common factual issues justify consolidation despite some differing legal issues |
| Whether voluntary coordination of discovery obviates need for § 1407 transfer | Plaintiffs/parties: voluntary coordination will eliminate problems and avoid transfer | United States: formal transfer necessary; prior Panel precedent disfavors reliance on voluntary measures | Voluntary coordination deemed insufficient; § 1407 transfer appropriate to prevent repetitious discovery |
| Whether Beech Aircraft would be prejudiced by transfer (cost of travel; pending motion in California) | Beech: transfer prejudicially expensive and California motion to dismiss pending | United States/Panel: localized facts and need to centralize discovery outweigh inconvenience; prior precedents reject narrow "worm's eye" view | Beech's inconvenience not persuasive; transfer ordered |
| Choice of transferee forum (Colorado) | Not contested by parties; some plaintiffs proposed keeping cases where filed | United States/Panel: Denver is focal point for witnesses, controllers, tapes, and FAA records | Colorado selected as transferee district; case assigned to Judge Fred M. Winner |
Key Cases Cited
- In re San Antonio, Venezuela Air Disaster, 331 F. Supp. 547 (J.P.M.L. 1971) (approving transfer of air-disaster cases for coordinated pretrial proceedings)
- In re San Juan, Puerto Rico Air Disaster, 316 F. Supp. 981 (J.P.M.L. 1970) (transferring related air-disaster litigation to a single district)
- In re Frost Patent Litigation, 316 F. Supp. 977 (J.P.M.L. 1970) (Section 1407 intended to avoid repetitious and duplicative discovery)
- In re Fairland, Indiana Air Disaster, 309 F. Supp. 621 (J.P.M.L. 1970) (transferring air-disaster related suits for pretrial consolidation)
- In re Childrens' Book Antitrust Litigation, 297 F. Supp. 385 (J.P.M.L. 1968) (rejecting narrow, party-specific view when considering consolidation)
- In re Greater Cincinnati Air Disaster, 295 F. Supp. 51 (J.P.M.L. 1968) (consolidating passenger and crew-death representative actions due to common factual background)