The Herald Bulletin

Overnight Update

Nation & World

July 15, 2013

Courts will treat Asiana passengers differently

SAN FRANCISCO — When the courts have to figure compensation for people aboard Asiana Airlines Flight 214, the potential payouts will probably be vastly different for Americans and passengers from other countries, even if they were seated side by side as the jetliner crash-landed.

An international treaty governs compensation to passengers harmed by international air travel — from damaged luggage to crippling injuries and death. The pact is likely to close U.S. courts to many foreigners and force them to pursue their claims in Asia and elsewhere, where lawsuits are rarer, harder to win and offer smaller payouts.

Some passengers have already contacted lawyers.

"If you are a U.S. citizen, there will be no problem getting into U.S. courts. The other people are going to have a fight on their hands," said Northern California attorney Frank Pitre, who represents two Americans who were aboard the plane.

Federal law bars lawyers from soliciting victims of air disasters for the first 45 days after the crash. Pitre said his clients called him.

Congress enacted that law in 1996 amid public anger over lawyers who solicited clients in the days immediately following the ValuJet Flight 592 crash in the Florida Everglades and the crash of TWA Flight 800 off the New York coast.

National Transportation Safety Board attorney Benjamin Allen reminded attorneys of the rules in a mass email sent Thursday.

"We are closely monitoring the activities of attorneys following this accident, and will immediately notify state bar ethics officials and other appropriate authorities if impermissible activity is suspected," the message said.

The flight that broke apart recently at the San Francisco airport was carrying 141 Chinese, 77 South Koreans, 64 Americans, three Canadians, three Indians, one Japanese, one Vietnamese and one person from France when it approached the runway too low and too slow. The Boeing 777 hit a seawall before skittering across the tarmac and catching fire.

Text Only
Nation & World
  • spt_flanagan.jpg Hometown favorite wants to win Boston Marathon, for Boston

    Shalane Flanagan grew up in nearby Marblehead with a reverence for the Boston Marathon and dreamed, like many locals and foreign runners alike, that she would win the race someday. Her goal has changed now.

    April 19, 2014 1 Photo

  • news_felumlee.jpg Ohio couple married 70 years die 15 hours apart

    A couple who held hands at breakfast every morning even after 70 years of marriage have died 15 hours apart.

    April 19, 2014 1 Photo

  • news_missingboymass.jpg Body found by highway is missing Massachusetts boy

    The body of a small boy apparently cast off the side of a highway has been confirmed as a missing 5-year-old, authorities said Saturday.

    April 19, 2014 1 Photo

  • news_mounteverest.jpg 13th body pulled from snow in Everest avalanche

    Search teams recovered a 13th body Saturday from the snow and ice covering a dangerous climbing pass on Mount Everest, where an avalanche a day earlier swept over a group of Sherpa guides in the deadliest disaster on the world's highest peak.

    April 19, 2014 1 Photo

  • news_malaysiaairlines.jpg Sub search for missing jet to be finished within a week

    A robotic submarine looking for the missing Malaysia Airlines jet is expected to finish searching a patch of the Indian Ocean seabed within a week after so far coming up empty, and the search area may be expanded after that, officials said Saturday.

    April 19, 2014 1 Photo

  • news_bostonofficerslain.jpg MIT honors officer slain after Boston Marathon bombings

    Like many other youngsters, Sean Collier wanted to be a police officer. Unlike most, he brought that dream to life — and then died doing it, becoming a central character in the gripping hunt for the Boston Marathon bombing suspects.

    April 19, 2014 1 Photo

  • news_eyewitness.jpg Eyewitness testimony no longer a gold standard

    The American legal system offers few moments as dramatic as an eyewitness to a crime pointing his finger across a crowded courtroom at a defendant. The problem is that decades of studies show eyewitness testimony is right only about half the time.

    April 19, 2014 1 Photo

  • FEA - HB0121 - flu - 05 Second wave of milder flu hitting Northeast

    Months ago, the flu season seemed to be winding down. But health officials on Friday reported widespread flu-like illnesses in six states.

    April 18, 2014 1 Photo

  • NWS - HB0525 - marijuana - JM -pic (4).jpg Colorado deaths stoke worries about pot edibles

    A college student eats more than the recommended dose of a marijuana-laced cookie and jumps to his death from a hotel balcony. A husband with no history of violence is accused of shooting his wife in the head, possibly after eating pot-infused candy.

    April 18, 2014 1 Photo

  • news_skoreaferry.jpg Ferry captain arrested in South Korea disaster

    A prosecutor says the captain of the South Korean ferry that sank two days ago has been arrested.

    April 18, 2014 1 Photo

More Resources from The Herald Bulletin
AP Video
Raw: Greeks Celebrate Easter With "Rocket War" Police Question Captain, Crew on Ferry Disaster Raw: Orthodox Christians Observe Easter Rite Ceremony Marks 19th Anniversary of OKC Bombing Raw: Four French Journalists Freed From Syria Raw: Massive 7.2 Earthquake Rocks Mexico Captain of Sunken SKorean Ferry Arrested Raw: Fire Destroys 3 N.J. Beachfront Homes Raw: Pope Presides Over Good Friday Mass Raw: Space X Launches to Space Station Superheroes Descend on Capitol Mall Man Charged in Kansas City Highway Shootings Obama Awards Navy Football Trophy Anti-semitic Leaflets Posted in Eastern Ukraine Raw: Magnitude-7.2 Earthquake Shakes Mexico City Ceremony at MIT Remembers One of Boston's Finest Raw: Students Hurt in Colo. School Bus Crash Raw: Church Tries for Record With Chalk Jesus Raw: Faithful Celebrate Good Friday Worldwide Deadly Avalanche Sweeps Slopes of Mount Everest
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Helium debate
Helium