Originally Posted by
WillowRun 6-3
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As a somewhat related point, and without intending to be a flame-thrower, what about the airline pilots in this matter? Imagine being one of their immediate family. The passengers and cabin crew will be part of the overall group of plaintiffs. With the allegations in the current Complaint, the pilots are being alleged to have operated the flight negligently - is this not a fair and accurate reading of the Complaint? But if this accident was caused - in the sense of the actual realities of flight operations and airspace and all the other actual aviating facts - by the airspace design and operation, and the wrong time and place flight of the helicopter - why aren't the families of the pilots entitled to their day in court as well? And I don't mean day in court just to defend their actions against allegations as in the Complaint, I mean in claims against the FAA and possibly the Army....... oh sure, sue the United States? I'm guessing the airline corporate entities which are defendants probably would not think that would be a good idea. And neither would airline industry trade groups - but maybe this is something for former New Hampshire Governor Chris Sununu to tackle in his new role as CEO of Airlines4America. Something that seems to be part of this is that the airline corporate entities are well-insured. But what good does that do for the families of the two pilots? - answer, it doesn't do any good for them, other than a probable off-ramp for the entire case at some point down the litigation timeline. And still without the families of the two pilots having their day in court to claim rights and remedies against the real causal agents of the accident. End of rant. For now anyway. (See perhaps Rule 24 of the Federal Rules of Civil Procedure, re: permissive intervention)
This is a good point about the airline pilots. I expect their heirs will retain their own lawyers to press their claims (very similar to the passenger's claims just without any allegations that the pilots were negligent) against the government perhaps in a different trial. I don't think pilot's estates are named as defendants in the current lawsuit so they may not be involved at all in this trial.
As for the airline I would certainly expect them to sue the government at a minimum for the value of their airplane. And perhaps other stuff like any death benefits due to their crew, any expenses involved in responding to the crash, any reputational damage, their legal expenses and so forth.