For Your Data Hart V. American Airlines, Inc. Example Brief Summary

Hart v. American Airlines, Inc. illustration brief

1969

Posture: Plaintiff wins, the summary judgment is granted. It is offensive number preclusion via roughly other state. 

Facts: There was a crash inwards Kentucky on November 8, 1965; It was an American Airlines bird piece the bird was en road from NY to Kentucky. The crash resulted inwards the expiry of 58 out of 62 people as well as many actions were instituted inwards other states as well as diverse the US district courts. 

The kickoff activeness was brought inwards Texas as well as plaintiffs won it. The illustration n Texas had the same exact issues of the airlines' liability inwards reckon to the negligence. The final result was affirmed on appeal then immediately plaintiffs inwards other states are moving for summary judgment based on the Texas conclusion as well as hoping to transcend it binding on their ain suit. Plaintiffs were non parties inwards that kickoff Texas action, however, their claim is that the liability of the airline was already decided as well as nether collateral estoppel, the illustration is over. 

Reasoning: To accept the doctrine of collateral estoppel apply, at that spot must travel an identity of an number that was already decided plus a total as well as fair chance to challenger the conclusion then immediately the conclusion is controlling. Which are met here. 

The burden shifts to the accused that it did non accept a fair chance to challenger at the 19-day lawsuit its liability, otherwise total faith as well as credit apply. The courtroom too denies that it matters that Kentucky has a less favorable accused constabulary because NY courts would soundless apply Kentucky constabulary nether the selection of law. The other fact that Texas requires mutuality (all parties the same) piece NY does non as well as NY ignores that to halt the peril that a dissimilar effect could occur. 

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