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TWA Flight 800 — Court of Appeals Affirms Ruling That DOHSA Does Not Apply
A key issue in the case is whether the damages are limited to economic losses under a 1920 statute known as the Death on the High Seas Act, or DOHSA. In 1998, we won a landmark ruling before the trial court that DOHSA did not apply because the disaster occurred in United States waters. The defendants appealed and on September 8, 1999, partner Steven Pounian presented the argument on behalf of all plaintiffs before the Second Circuit Court of Appeals in Manhattan.
On March 29, 2000, the Second Circuit Court of Appeals affirmed the trial court's ruling. The Court stated "we conclude that plaintiffs' interpretation of the relevant statutory language better reflects the meaning and purpose of the Death on the High Seas Act..." and held that DOHSA did not apply on U.S. territorial waters.
The ruling confirms that the families of passengers in the TWA 800 case will be entitled to recover non-economic damages and that their recoveries will not be limited by the archaic limitations set down in DOHSA.
Judge Robert Sweet has set a liability trial date of February 1, 2001.
A copy of the decision of the Court of Appeals is available. Click here for the pdf file.
A copy of our brief to the Second Circuit is available. Click here for the pdf file.
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