Earlier this week, the Seventh Circuit issued a ruling in Lu Junhong v. Boeing Co. that defendants can remove cases to federal court under admiralty jurisdiction alone. The ruling may very well change the dynamics of mass tort filings in so-called “magnet jurisdictions” like Madison County and Cook County.
Junhong involved a group of Cook County cases from Asiana Airlines Flight 214. Two years ago, that Boeing 777 crashed into the seawall at San Francisco International Airport. The plane’s tail broke off, 49 persons suffered serious injuries, and three of the passengers died (the other 255 passengers and crew aboard suffered only minor or no injuries). Passengers sued Boeing in Illinois state court, alleging the plane’s systems were defective and contributed to the pilots’ errors. Boeing then removed the lawsuits to federal court, asserting two sources of jurisdiction: federal officer under § 1442 and general admiralty under § 1333.
Continue Reading Potential Game Changer: Admiralty Jurisdiction Serves As A Basis For Removal