The picture is not getting clearer with the recent announcements by Malaysian Airlines regarding MH370 and the now apparently limited distribution of the of the MH Flight 17 settlement flow chart.
The law upon which Malaysian Airlines chooses to negotiate and potentially litigate is still murky, unclear and apparently a secret.
So while we wait for further clarification let’s turn to another subject matter which is the topic of the force exerted by the influence of great numbers. There are very large numbers of claims to be brought arising out of the sheer number of persons who suffered and died as victims of both MH Flight 370 and MH Flight 17. The victim’s families have begun to talk about using those numbers to gain a strategic advantage over Malaysian Airlines in what appears to be the looming battle for fair compensation. It may be that an unprecedented remedy will be necessary not only to find or create a means of addressing Malaysian Airlines, the Malaysian state, the Russian Federation, the Ukraine and a small number of potential unknowns who may emerge in the ongoing investigation as necessary party Defendants, but also to create unity and leverage among the hundreds of potential Plaintiff’s families
We at LHD are considering options with respect to locations, jurisdictions, courts and agencies which could be used to address each and every culpable party Defendant. This will not be easy.
We at LHD are also thinking of ways to join the many victim’s families together to create consolidations of Plaintiffs to increase our negotiating and litigating power against the numerous potential culpable parties. There are both accepted ways to do this and creative ways which may suit this particular circumstance, such as:
- Class Actions
- Non-Binding Consolidations
- Master or Joint Complaints
- Co-Operation among the lawyers to create larger groups in individual actions.
- Attempting to solicit political leaders to help form agreed international remedies.
What is available will differ by jurisdiction and court. Only one thing is certain. All of you that are in positions of making decisions about your families claims need to consider finding ways to work together. You already have the high ground on those who caused both of these tragedies, now you need the biggest fighting force possible to counter the size, money and legal forces of those who caused all this death and sorrow. In the words of my generation: “come together!”