Tuesday, February 3, 2009
In his latest Findlaw column, Tony Sebok analyzes Judge Hellerstein's decision (pdf) dismissing claims by World Trade Center Properties against American Airlines for damage caused to WTC Tower Two. Remember, American's Flight 11 crashed into WTC Tower One, not Tower Two. A United airlines plane struck Tower Two. As Sebok notes, "So how did WTCP seek to also bring American before a jury for the loss of Tower Two, despite that Tower's only having been struck by a United plane? It argued as follows: Had American alerted the government as soon as it knew its plane had been seized, the government would have had enough time to scramble jets to shoot down United Flight 175 before it struck Tower Two." Sebok explains that Judge Hellerstein rejected both causation and duty under this theory, and concludes Judge Hellerstein "got it right."