A key threshold battle in many aviation cases is whether the case will be heard in state or federal court. The plaintiff has the first serve in choosing a state forum, but the defendant may have a clear shot to remove the case to federal court or can try to win the point with a backhand play.
Right or wrong, many plaintiffs’ counsel believe that state courts provide litigation advantages such as a more favorable jury pool; a greater chance of obtaining favorable law on a key issue; or, the avoidance of federal court procedures such as the consolidation of all related cases into a single multidistrict litigation. On the other hand, defendants usually want all cases pending from an aviation disaster centralized in one federal forum rather than being forced to deal with multiple state court suits that can substantially increase the risk of an adverse ruling or judgment.
Diversity jurisdiction
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