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IN RE AIR CRASH AT BELLE HARBOR, ON NOV. 12, 2001

No. MDL 1448(RWS). No. 02 Civ. 1337(RWS).

450 F.Supp.2d 432 (2006)

In re: AIR CRASH AT BELLE HARBOR, NEW YORK ON NOVEMBER 12, 2001 Thomas J. Lawler, et al., Plaintiff, v. American Airlines, Inc., Defendants.

United States District Court, S.D. New York.

September 26, 2006.

Attorney(s) appearing for the Case

Frank H. Granito, III, Frank H. Granito, Jr., Kenneth P. Nolan, Speiser, Krause, Nolan & Granito, New York City, for Plaintiff.

Christopher Carlsen, Clyde & Co US LLP, Randal R. Craft, Jr., Haight Gardner Poor & Havens, New York City, for American Airlines, Inc.

Thad T. Dameris, Vinson & Elkins, L.L.P., for Airbus Industrie, G.I.E., Defendant.

MEMORANDUM OPINION

SWEET, District Judge.

Defendants Airbus Industrie G.I.E. and American Airlines, Inc. ("Defendants") have moved for partial summary judgment to dismiss with prejudice all claims for alleged mental injuries (including claims for grief, sorrow, shock, and mental distress) brought by plaintiff Thomas J. Lawler ("Lawler") and on behalf of Brendan A. Lawler, Katelyn A. Lawler, and Jennifer M. Lawler.

The facts, which are undisputed...

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