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Germanwings case must be tried in Germany, US court rules
US District Judge Diane Humetewa has ruled that a suit against an American flight school must tried in Germany and not Arizona where the crash occurred because that's where the witnesses and plaintives live, reports Bloomberg.
Germanwings case concerns pilot Andreas Lubitz locking the captain out of the cockpit and flying the Airbus A320 into a mountainside in 2015.
The Germanwings case against the Airline Training Centre Arizona, owned by Germanwings parent Lufthansa, contends that the company is at fault for finding Lubitz fit to fly.
Under a legal principle of forum non conveniens, judges have discretion to shift a case to a different venue.
"Although Arizona certainly has an interest in this litigation, it is comparatively low when considering the much higher level of public interest in the lawsuit that is likely in Germany given the number of German citizens who lost their lives," she said.
Judge Humetewa said a German court, if it accepts the lawsuit, could apply any Arizona laws applicable to the case.
Plaintive lawyer Marc Moller said the ruling was "quite positive" and said his clients will take their case to Germany.
"The bottom line is that the decision validates the theories of liability that motivated us to bring the case in the first place," Mr Moller said.
Many relatives have already settled, owing to a two-year statute of limitations. Judge Humetewa gave the plaintiffs six months to bring their lawsuit in Germany.
Germanwings was rechristened Eurowings in late 2015. Parent company Lufthansa is building the Dusseldorf-based carrier into a larger low-cost brand with longer-haul operations.
A second US lawsuit, filed by Ronald Selke on behalf of his wife and daughter, both Americans, is pending in federal court in Alexandria, Virginia. Yvonne Selke, a retired US Army major, and her daughter, Emily, spent three days together in Spain before boarding the Germanwings flight.
That lawsuit names as defendants Lufthansa, Germanwings, Eurowings, and Chicago-based United Airlines, which sold tickets on the flight as part of an alliance with the German carrier.
Mr Selke also sued the Arizona flight school in a separate complaint. Both cases are pending.
Lubitz had been treated for severe depression, including an episode that required intense therapy that disrupted his flight training before he arrived at the flight school in November 2010.
The Arizona judge found the case had merit, writing: "Surely it is not beyond the scope of a flight training school's services to take reasonable steps to ensure a commercial airline pilot candidate is mentally qualified to continue in the programme."
Germanwings case concerns pilot Andreas Lubitz locking the captain out of the cockpit and flying the Airbus A320 into a mountainside in 2015.
The Germanwings case against the Airline Training Centre Arizona, owned by Germanwings parent Lufthansa, contends that the company is at fault for finding Lubitz fit to fly.
Under a legal principle of forum non conveniens, judges have discretion to shift a case to a different venue.
"Although Arizona certainly has an interest in this litigation, it is comparatively low when considering the much higher level of public interest in the lawsuit that is likely in Germany given the number of German citizens who lost their lives," she said.
Judge Humetewa said a German court, if it accepts the lawsuit, could apply any Arizona laws applicable to the case.
Plaintive lawyer Marc Moller said the ruling was "quite positive" and said his clients will take their case to Germany.
"The bottom line is that the decision validates the theories of liability that motivated us to bring the case in the first place," Mr Moller said.
Many relatives have already settled, owing to a two-year statute of limitations. Judge Humetewa gave the plaintiffs six months to bring their lawsuit in Germany.
Germanwings was rechristened Eurowings in late 2015. Parent company Lufthansa is building the Dusseldorf-based carrier into a larger low-cost brand with longer-haul operations.
A second US lawsuit, filed by Ronald Selke on behalf of his wife and daughter, both Americans, is pending in federal court in Alexandria, Virginia. Yvonne Selke, a retired US Army major, and her daughter, Emily, spent three days together in Spain before boarding the Germanwings flight.
That lawsuit names as defendants Lufthansa, Germanwings, Eurowings, and Chicago-based United Airlines, which sold tickets on the flight as part of an alliance with the German carrier.
Mr Selke also sued the Arizona flight school in a separate complaint. Both cases are pending.
Lubitz had been treated for severe depression, including an episode that required intense therapy that disrupted his flight training before he arrived at the flight school in November 2010.
The Arizona judge found the case had merit, writing: "Surely it is not beyond the scope of a flight training school's services to take reasonable steps to ensure a commercial airline pilot candidate is mentally qualified to continue in the programme."
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