U.S. Wants Information Limited in Airline Suits

U.S. Wants Information Limited in Airline Suits

by Gail Appleson
Reuters
July 12, 2002
http://abcnews.go.com/wire/US/reuters20020712_32.html

NEW YORK - U.S. prosecutors will argue in court on Friday that the government should be able to block the families of Sept. 11 victims from obtaining sensitive airline information in wrongful death suits alleging inadequate security.

U.S. District Judge Alvin Hellerstein scheduled the hearing to consider the unusual request by the U.S. government to intervene in private litigation against UAL Corp's United Airlines and AMR Corp's American Airlines that was filed by plaintiffs whose relatives were killed in the attacks on America.

Hijackers flew two planes into the World Trade Center, destroying the landmark twin towers. A third plane slammed into the Pentagon and a fourth plane, also believed headed for Washington, crashed in Pennsylvania. About 3,000 people were killed in the attacks.

The airlines have been named in at least 10 wrongful death suits that have been consolidated before Hellerstein in Manhattan federal court.

In a letter filed with the judge, officials from the Justice Department in Washington and the Manhattan U.S. attorney said they want to make sure information that poses a security risk is not disclosed to the plaintiffs during their pretrial search for information, known as discovery.

"The possibility that a haphazard discovery process could result in the unauthorized release of sensitive security information creates an unacceptable risk to the traveling public and to the national security," the letter said.

The government is representing the Transportation Security Agency (TSA), which is part of the Department of Transportation. The TSA assumed responsibility for national aviation security on Feb. 22, 2002. Its responsibilities include prohibiting the disclosure of "sensitive security information."

United Airlines lawyers also said in a letter to the judge that it objects to releasing certain information to the plaintiffs because it believes the subject matter would be considered "sensitive" under federal law.

It said that plaintiffs' lawyers "have candidly admitted that they are not yet able to provide specific information with respect to the manner in which United and/or any other party allegedly violated its security obligations.

The airline said that even its lawyers have been unable to get certain details about the Sept. 11 attacks because the federal government will not release "basic information" obtained in its probe.

The first case against the airlines stemming from the Sept. 11 attacks was filed on Dec. 20 by the widow of a passenger on the hijacked United Airlines flight that slammed into the World Trade Center.

The suit alleges that United breached its duty to care for the safety of the passengers on Flight 175. It was filed by Ellen Mariani of New Hampshire, whose husband Louis was killed in the attack.

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