BADILLA v. MIDWEST AIR TRAFFIC CONTROL SERVICE

Docket No. 20-608-cv August Term, 2020.

8 F.4th 105 (2021)

Jessica T. BADILLA, Consorcia A. Castillo, and Acea M. Mosey, Erie County Public Administrator, as Co-administrators of the Estate of Bernardo G. Castillo, Deceased, Josephine R. Elbanbuena, and Acea M. Mosey, Erie County Public Administrator, as Co-administrators of the Estate of Wilo M. Elbanbuena, Michelle S. Medina, and Acea M. Mosey, Erie County Public Administrator, as Co-administrators of the Estate of Nilo T. Medina, Deceased, Nela A. Padura, and Acea M. Mosey, Erie County Public Administrator, as Co-administrators of the Estate of Eduardo P. Padura, Deceased, Ingrid S. Bulos, and Acea M. Mosey, Erie County Public Administrator, as Co-administrators of the Estate of Henry Beltran Bulos, Deceased, Acea M. Mosey, Erie County Public Administrator, as Co-administrators of the Estate of Rene Badilla, Deceased, Plaintiffs-Appellants, v. MIDWEST AIR TRAFFIC CONTROL SERVICE, INC., A Kansas Corporation, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 9, 2021.


Attorney(s) appearing for the Case

Thomas Routh , Nolan Law Group, Chicago, IL ( Michael S. McArdle , Nolan Law Group, Chicago, IL, Howard B. Cohen , Gross Shuman Brizdle & Gilfillan, P.C., Buffalo, NY, Kenneth Goldblatt , Goldblatt & Associates, Mohegan Lake, NY, on the brief), for Plaintiffs-Appellants.

John P. Freedenberg , Goldberg Segalla LLP, Buffalo, NY for Defendant-Appellee Midwest Air Traffic Control Service, Inc., a Kansas Corporation.

Before: SACK, CHIN, and LOHIER, Circuit Judges.


In October 2010, a civilian flight ("Flight 662") crashed into a mountain near Kabul Afghanistan International Airport ("KAIA"), killing all on board. The estates of the crew members and pilots of Flight 662 brought state-law wrongful death claims against Midwest Air Traffic Control Service, Inc. ("Midwest...

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