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In re Air Crash Disaster Near Roselawn, Indiana

United States District Court for the Northern District of Illinois

909 F. Supp. 1116 (1995)

Facts

Attorney Robert Clifford represented plaintiffs in lawsuits filed against Avions de Transport Regional (ATR) and Simmons Airlines, Inc. (Simmons) (collectively, the airlines) (defendants) in connection with the crash of an airplane manufactured by ATR and flown by Simmons. A consulting firm sent ATR pilots, including Simmons pilots, a letter and questionnaire regarding ATR pilots’ training and experience in icing conditions. The letter stated the questionnaire was an independent survey focused on icing conditions to keep the survey short, and the Federal Aviation Administration (FAA) had provided the pilots’ names. After the airlines moved for discovery, Clifford admitted that he had commissioned the questionnaire. The airlines sought sanctions for violations of Rules of Professional Conduct (RPCs) 4.2, prohibiting a lawyer representing a client from contacting another represented party about the representation’s subject matter without the consent of the represented party’s lawyer or court order, and 4.3, governing a lawyer’s dealings with an unrepresented person.

Rule of Law

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Issue

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Holding and Reasoning (Castillo, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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