The U.S. District Court for the Western District of New York ended 2010 and began 2011 considering issues of federal subject matter jurisdiction. On motions to remand, the court concluded that it lacked subject matter jurisdiction over the parties’ claims in litigation over the 2009 crash of Continental Connection Flight 3407 outside of Buffalo, and remanded the cases back to state court. When the court sua sponte considered this issue in another case against Medicare Advantage Organizations filed by providers of emergency ambulance services, the result was the same.
‘In Re Air Crash’
On Dec. 12, 2010, Chief Judge William M. Skretny granted plaintiffs’ motions to remand five lawsuits to New York State Supreme Court, Erie County, in In re Air Crash Near Clarence Center, No. 09-MD2085, 2010 WL 5185106 (W.D.N.Y. Dec. 12, 2010).1 These five lawsuits were filed by New York residents in Erie County Supreme Court after the crash of Continental Connection Flight 3407 on Feb. 12, 2009, which killed all 49 people on board and one person on the ground.
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