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Lieff Global, LLP, Announces That United States District Court Has Established Schedule For Pre-Trial Proceedings In Gol Airlines Disaster Lawsuit
December 18, 2006, New York, NY – The American law firm Lieff Global, LLP, announced that United States District Court Judge Brian M. Cogan today conducted an initial conference in the Gol Airlines disaster litigation. Appearing on behalf of families of over twenty victims were Lieff Global and Lieff Cabraser attorneys Robert L. Lieff, Steven E. Fineman, Lexi J. Hazam and Nicholas Diamand. Counsel for defendants ExcelAire Service, Inc. ("ExcelAire") and Honeywell International Inc. ("Honeywell") were also present.
At the hearing, Judge Cogan set a prompt schedule for resolution of the important issue of forum non conveniens, as requested by plaintiffs. The Court required defendants to file their forum non conveniens motion by January 22, 2007, and permitted plaintiffs to proceed immediately with discovery on the issue. Defendants had requested that no discovery occur until the forum non conveniens motion was resolved.
"We are grateful the Court permitted the families of the Gol Airlines tragedy to proceed with their lawsuit without delay," stated Lieff Global attorney Lexi J. Hazam. "We have assembled a top notch, global team of attorneys and aviation experts to prosecute the case, and will vigorously contest any efforts by ExcelAire and Honeywell to dismiss the action."
Brazilian attorney Leonardo Amarante, whose law firm is working in partnership with Lieff Global, commented, "Proceeding with the lawsuit in an American court ensures that the families will have their voices heard in the United States as to why ExcelAire and Honeywell bear responsibility for the tragedy and must be held accountable."
While Plaintiffs' choice of where to file suit is generally accepted by United States courts, a forum non conveniens motion filed by the defendants gives the Court the discretion to dismiss the claims of non-United States plaintiffs if the defendants are able to demonstrate that litigation of plaintiffs’ claims in the U.S. would result in excessive oppression to the defendants and outweigh plaintiffs’ convenience. If the motion is decided in plaintiffs’ favor, the case will proceed in United States District Court.
Families whose
loved ones died in the Gol airlines
crash are welcome to contact
an aviation lawyer at Lieff Global by
email in English or Portugese to learn
more about their legal rights. Lieff
Global, along with co-counsel, is representing
families whose loved ones died in the
Gol Airlines tragedy. We welcome the opportunity to answer
your questions free of charge, without
obligation and in strict confidence.
Or call 1-415-788-8000 and ask to speak to attorney Lexi Hazam.
"Discovery" involves the exchange
of information between parties. As part of plaintiffs’ discovery,
plaintiffs seek to obtain documents and other information from
the defendants to strengthen the case against the defendants
on subjects on which the Court has allowed discovery.
One hundred and forty eight passengers and six crew members died on September 29, 2006, when Gol Airlines Flight 1907 plunged nose-first into the Amazon rainforest after colliding with an Embraer Legacy aircraft operated by ExcelAire.
The complaint charges that the pilots of the ExcelAire jet were flying at an incorrect altitude at the time of the collision, failed to operate the jet’s transponder and radio equipment properly, and failed to maintain communication with Brazilian air traffic control in violation of international civil aviation standards. If the pilots of the ExcelAire aircraft had followed these standards, the collision would not have occurred.
At the time of the collision, the ExcelAire aircraft’s transponder manufactured by Honeywell was not functioning. A transponder transmits a plane’s altitude and operates its automatic anti-collision system. Honeywell shares responsibility for the tragedy, the complaint alleges, because it defectively designed the transponder on the ExcelAire jet, and failed to warn of dangers resulting from foreseeable uses of the transponder.
The lawsuit seeks compensatory and punitive damages against ExcelAire and Honeywell for their negligence.
Contact Information For Families
Families whose loved ones died in the Gol Airlines disaster are welcome to contact any of the following attorneys for information:
Rua Primeiro de Marco, nº 23
5º andar
Centro - Rio de Janeiro
CEP: 20010.000
Telefax: 2507-4195
Information for families on their legal rights is available without charge or obligation and is provided in the strictest confidence.
Members of the media that wish to obtain a copy of the complaint should contact Brandan De Coteau at bdecoteau@lchb.com.
Source/Contact:
Lexi Hazam at telephone 415-806-2968 or email lhazam@lieffglobal.com.
Leonardo Amarante at telephone 917-361-2384 until December 21, 2006, thereafter please telephone his office in Brazil or email amarante@leonardoamarante.com.br.
About Lieff Global
Lieff Global, LLP, is an AV-rated law
firm with offices in San Francisco and New York, and affiliate
offices worldwide. Our representation has included both Americans
and people residing in Europe and Asia in aviation lawsuits
filed worldwide.
Lieff Global is uniquely positioned
to answer your questions and represent your interests. Our
attorneys have over forty years of experience litigating airplane
crash cases worldwide. We have relationships with the foremost
experts in the fields of aviation safety and disaster analysis.
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