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CONTINUTING LEGAL EDUCATION /CONTINUING INSURANCE EDUCATION

MALAYSIAN AIRLINES FLIGHT 370 – NEW ISSUES REGARDING LEGAL LIABILITY

MONROEVILLE, PA

MICHAEL J. FINNEGAN, ESQ. –INSTRUCTOR

GENERAL COURSE INFORMATION

Course Title:MALAYSIAN AIRLINES FLT 370: NEW ISSUES

REGARDING CIVIL LIABILITY

Instructor:Michael J. Finnegan, Esq

Instructor’s Phone:(412-952-8716)

Instructor’s Email:

Date and Time : April 27, 2018 – 12 Noon – 4:10 PM

Location: Holiday Inn Express, 3936 Monroeville Boulevard

Monroeville, Pa. 15146

4 CREDITS - (1) ethics credit (3) substantive credits

Cost: $110.00

COURSE DESCRIPTION - To the extent possible, a survey of information in the public record will be conducted regarding the salient factors to be considered when choosing venue under Article 32 of the Montreal Conventions for any possible civil action involving Malaysian Airlines Flight 370. Both insured losses and any contingent civil liability will be affected by these issues. Similar prior catastrophic incidents will be used to illustrate the ethical difficulties which arise when navigating culturally charged legal issues.

  1. COURSE OBJECTIVES

The students should have a working knowledge of the legal issues as well as the cultural issues unique to the region which greatly impact the final resolution of the search for truth in this matter.

  1. SOURCE MATERIAL

Article 32, Montreal Convention: Airline Liability for International Carriage by Air (2011), newspapers of record coverage for Flight 370 to include: Fortune Magazine, NYT, Washington Post, Wall Street Journal, Telegraph, South China Morning Post, News Straight Times and other publications. The Americanization of Aviation Claims, John D. Goetz and Dana Baiocco, Jones Day.

  1. OUTLINE

I Flight 370 Disappears – “Malaysian Airlines Flight 370, good night”

  1. Greatest Mystery in the history of aviation
  1. Families for approximately 70 of the passengers on board Flight 370 are presently suing Malaysian Airlines, Boeing, and their respective insurance companies in a multi-district case in Washington, D.C

.

  1. IN RE: AIR CRASH OVER THE SOUTHERN, INDIAN OCEAN ON MARCH 8, 2014, MDL Docket No: 2712 – pending matter.
  1. Historical and Governmental Issues
  1. Malaysia emerges from Dutch and English Colonial domination
  2. Chinese immigration and cultural domination issues
  1. 1969 riots
  2. 1970 – Singapore declares independence
  3. Singapore’s Unique Position in the Region and the World
  1. Islamic fundamentalism
  1. Establishment of Jemma Islamiyah
  2. Emergence of Yazid Sufaat
  1. Malaysian Security Environment
  1. Malaysian Internal Security Act
  2. Constitutional Basis for Islamic Dominance
  1. Chinese/Malaysian Civil Liability Issues
  1. China: PRC Art. 108 of the Civil Procedure Law and Art. 41 of the Administrative Litigation Law (Gate Keeper Function of Special Court)
  2. Malaysia: Syariah Courts – exclusive jurisdiction over Muslim Malays.

II OVERVIEW OF SEARCH

  1. Cultural Issues –
  1. Malaysian Pilot – “Democracy is Dead”
  2. Almost all of the passengers were Ethnic Chinese
  3. Chinese Government Response
  1. Malaysia admits Islamic extremists wanted in other countries

III RECOVERY

  1. Montreal Convention Limitations – Article 32
  1. Venue – site of departure, site of crash, or place of purchase of ticket
  2. Damages – limited to 175,000 per passenger unless negligence
  3. Allianz is the Insurer for the loss of the plane
  4. Lloyd’s, which is the lead for the airline’s policy that covers the plane against a malicious act, such as terrorism or suicide.
  5. “The people who own the plane get a whopping check (immediately from the insurer); the people who financially secured the equipment on that plane get a whopping check, but the family members will be stalled by the defendants (for years),” Marc Bern, plaintiff’s attorney
  1. Insurance limitations –
  1. Insurers and Reinsurers – spreading the risk
  2. Industry Norms – 2-2.5 Billion per plane per incident
  3. 10 million insurance behind every passenger
  4. Dilemma: “If they can’t find the black box or any other evidence, the plaintiff attorneys can’t prove anything other than wrongful death. And then the families are stuck with the Montreal Convention limits.” Marc Bern
  1. Product Defect Claims –
  1. Permits the damages to exceed the insurance limits

IV CASAULITY – Two conflicting forces

  1. Motion To Dismiss in the Washington D.C. Circuit
  2. Renewed search of the Indian Ocean for Flight 370

Faculty Description – Michael J. Finnegan, Esq.

Michael J. Finnegan, Esq. received his undergraduate degrees in journalism and law enforcement from Penn State University, and a law degree from the University of Pittsburgh in 1983. Finnegan has been a member of the Pennsylvania Bar since 1983. From 1983-2004, Finnegan served as a Special Agent of the Federal Bureau of Investigation. After retirement from the FBI, he became an assistant professor in the criminal justice program, School of Arts and Sciences, Point Park University from 2006-2013. He has presented Pennsylvania Continuing Legal Education Board approved legal lectures through The Cape Institute from 2014-2018. Among his career highlights, Finnegan was a member of FBI/NYPD Joint Terrorism Task Force from 1988-1993 and served with the Pittsburgh Terrorist Task Force 2000-2004. During his FBI tenure, he received letters of commendation from FBI Director William Sessions, U.S. Attorney General Janet Reno, U.S. Attorney Mary Jo White, EDNY, and FBI Director Louis Freeh. Finnegan won the FBI's Major Case Incentive Award Pittsburgh Division in 2000 and 2004, and the Law Enforcement Agency Director's Award in 2003. His work in capturing the Black September Terrorist has been covered on ABC News, MSNBC and NPR, among other media. He brings his law enforcement experience to bear on topics of national security.