Originally Posted by
jayray
I thought Jane had said that it wasn't an issue because of insurance, maybe she said it wasn't what brought them into bankruptcy or something. Who picks the venue?
Maybe she has some inside information about the venue. One theory is the company wants to keep it in NY state court to use bankruptcy to limit the damages.
Basically the lawyers will make arguments to whatever court the suits were filed in and either side can file a motion that a certain court does not have jurisdiction and another court is the appropriate venue. My guess is the families filed suits in NY state court because that is where the crash occurred, and it will be up to the judge if the case should be transferred to federal court. As I see it the main issue will be if it will be if the cases proceed in NY State or Federal court. The main argument for Federal jurisdiction would be the parties to the suits all live in NY or other states, and Pinnacle is based in Memphis. I'm not sure if Pinnacle is incorporated in Tn or Delaware. The main argument for NY state court is the crash occured in NY.
Will be interesting to see how the company decides to deal with this.