From our private database of 33,800+ case briefs...
In re Korean Air Lines Disaster of September 1, 1983
United States Court of Appeals for the District of Columbia Circuit
829 F.2d 1171 (1987)
On September 1, 1983, Korean Airlines Flight 007 was destroyed over the Sea of Japan by the Soviet Union. After wrongful-death lawsuits were filed against Korean Airlines (defendants) in federal district courts across the country, the Judicial Panel on Multidistrict Litigation transferred the cases to the United States District Court for the District of Columbia for pretrial proceedings pursuant to 28 U.S.C. § 1407. The Warsaw Agreement and the subsequent Montreal Agreement of 1966 (collectively, the treaties), international treaties regulating liability for injuries received during air travel, limited damages to $75,000 per passenger. Those seeking damages against Korean Airlines (plaintiffs) filed a motion for partial summary judgment, arguing that damages should not be limited to $75,000, because Korean Airlines failed to adequately notify its customers about the liability limitation imposed by the treaties. The Montreal Agreement required airlines to print liability-limitation notices in 10-point font, but Korean Airlines printed its notices in 8-point font. The district court denied the motion for summary judgment and held that the liability limitation applied to Korean Airlines. In doing so, the district court ruled contrary to Second Circuit precedent. The plaintiffs appealed, arguing that the Second Circuit precedent should be applied because some of the claims were first brought in district courts within the Second Circuit.
Rule of Law
Holding and Reasoning (Ginsburg, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 605,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 605,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.