TOTAL INFORMATION ANALYSIS

Thursday, September 11, 2003

AP: Judge's ruling allows 9/11 suits

NEW YORK — A judge ruled yesterday that the hijacking and crashing of jetliners was a "foreseeable risk," opening the door to hundreds of September 11 lawsuits against the aviation industry.

U.S. District Judge Alvin Hellerstein said negligent security screening might have contributed to the deaths of 3,000 people in the attacks on the World Trade Center and the Pentagon and the crash of a hijacked plane in Pennsylvania. . .

The defendants — American and United airlines, the Boeing Co. and the Port Authority of New York and New Jersey — had sought dismissal of the lawsuits, saying they had no duty to anticipate and guard against deliberate, suicidal aircraft crashes and that any potential negligence on their part did not cause deaths and injuries. . .

Dec. 22 is the last day families may apply to the compensation fund, created by Congress to provide aid to the families of those killed or injured in the attacks, and to protect the aviation industry from crippling litigation.

About 2,275 compensation fund claims have been filed. Roughly 1,700 eligible families have not decided whether to enroll with the fund or file a lawsuit.

The average fund payout has been about $1.5 million, with the highest award $6.8 million. The minimum payout is $250,000.

American Airlines spokesman Todd Burke said the airline would appeal the ruling. . . .

Boeing spokesman Ken Mercer said the jet manufacturer also would appeal. . . .

Keith S. Franz, a Baltimore lawyer representing seven family members of those killed at the Pentagon and two who were severely injured, said the ruling probably would lead some people to decide to sue. . . "They want to know what happened and why — and it's only through litigation that you get to ask those questions," Mr. Franz said.



TOTAL INFORMATION ANALYSIS has confirmed a press release found on the Internet from the attorney of one victim's widow is genuine.

From the law office of Philip J. Berg:

Hellersteins ruling of 9/09/03 is just the begining

For two years Mrs. Mariani has fought not just United Airlines, but her attorneys as well, firing both the Nolan Law Group and Mary Schiavo of Baum, Headlund, Aristei, Guilford and Schiavo due to their inability to exercise Mrs. Mariani’s rights to the truth. Mrs. Mariani is now represented by the Law Offices of Philip J. Berg of Lafayette Hill, PA. Through Mr. Berg's office, Mrs. Mariani will now initiate acquisition of all relevant facts and will pursue discovery even to the highest levels of government regarding the secrets of 9-11. . .

Mrs. Mariani has been continuously harassed [by letters and telephone calls] by provocateurs linked to the 9-11 Victim's Compensation Fund headed by Special Master Kenneth Feinberg of the U.S. Department of Justice. In every fashion, these individuals have been hounding Mrs. Mariani while also attempting to manipulate her into the Feinberg “Fund” so she would be forced to promise never to sue the government of the United States. . .

Mrs. Mariani has decided not to "roll-over, shut up, and get over it." Moreover, the Red Cross has never fully compensated victim family members commensurate with what generous and giving people contributed out of their heartfelt sympathy and concern for the victim families. As a matter of fact, the Red Cross has sought more and more information from the families that has only served to stall their access to funds that would cover their mounting bills.

Thus, Red Cross delays have in effect thrown needy families into the waiting arms of U.S. Attorney General John Ashcroft and Kenneth Feinberg while also serving to keep the government of the United States out of the courtroom via what Mariani originally termed "the Feinberg hush fund."

Strangely, while Mr. Feinberg has maintained total control over fund settlements, he allowed the Red Cross to extend payments in the millions from these donations to displaced renters and homeowners who did not even lose a family member, and also to Federal Emergency Management Agency (FEMA) workers, all of whom should have been paid from FEMA's well-established and budgeted funds approved by Congress.

In other words, the Red Cross allowed the U.S. government to use Red Cross funds specifically donated to the families who lost their loved ones, said funds given to other parties, which only helped to extend and intensify the financial difficulties of victims family members, as many just decided to give up and submit to Kenneth Feinberg's fund while also absolving the government of the United States of all future accountability.

| Posted at 00:58 | PERMA-LINK |

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