Choice of Law - Mass Disaster Cases Involving Diversity of Citizenship

There is considered to be a need for a functional and flexible approach to the problem of choice of law in mass disaster aircraft cases involving wrongful death and personal injury. In multidistrict crash litigation, the attorneys must first closely analyze the choice of law problem of all the potential jurisdictions to select a forum that properly and adequately compensates the innocent victim. If counsel is ultimately constrained to bring the case in a jurisdiction that has not adopted the modern flexible approach, then it becomes the obligation of the attorney to fight for a change in the law.