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IN RE SEPTEMBER 11 LITIGATION

No. 21 MC 101 AKH, 02 CIV. 7154.

811 F.Supp.2d 883 (2011)

In re SEPTEMBER 11 LITIGATION Mary Bavis, Individually and as Personal Representative of the Estate of Mark Bavis, deceased, Plaintiff, v. UAL Corporation et al., Defendants.

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

September 7, 2011.

Attorney(s) appearing for the Case

Derek Todd Smith , Zafer Adem Akin , Akin & Smith, LLC, Dale Christian Christensen, Jr. , Seward & Kissel LLP, Douglas J. Pepe , Gregory P. Joseph , Gregory P. Joseph Law Office LLC, New York, NY, Jemi Goulian Lucey , Greenbaum, Rowe , Smith & Davis LLP, Woodbridge, NJ, for Plaintiff.

Desmond Thomas Barry, Jr. , New York, NY, for Defendants.

ORDER AND OPINION REGULATING BURDENS OF PROOF AND ISSUES FOR JURY INSTRUCTIONS

ALVIN K. HELLERSTEIN, District Judge:

This case is the last remaining wrongful-death action of the 95 originally filed. Trial is to begin November 7, 2011. The parties seek rulings on certain basic issues: (i) whether federal law preempts state law on the standard of care applicable to Defendants' conduct; (ii) whether, if federal law is preemptive, what is the standard regulating...

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