From the website of Kreindler and Kreindler LLP, who are handling the Colgan 3407 class action, they say about Comair 5191,

Plaintiffs sued Comair, Delta Airlines, the United States (for alleged FAA errors) and entities associated with the Bluegrass Airport. The litigation produced a number of interesting decisions....Perhaps the most significant decision in the litigation was the court's ruling on punitive damages....The court found that plaintiffs "demonstrated...gross negligence of Comair."....and expert evidence that Comair practices reflected a reckless disregard for safety....The court found there was sufficient evidence of the crew's gross negligence to support a finding of punitive damages....

Those are all some pretty negative precedents that have been set that the 3407 plaintiffs can use, especially allowing punitive damges. Perhaps this is why "All of the plaintiffs' cases were eventually settled, with the last settlement occurring a day before jury selection."

Nothing focuses the corporate mind like jury selection.

Here's Kreindler and Kreindler's comparison of the two accidents: http://www.kreindler.com/Publication...gan-3407.shtml

If CAL is found liable, and punitive damages are allowed, this will be settled before jury selection as well. But you never know with MBAs running the company.