Daniel Rose

It really is antithetical to most fair-minded people and jurists to allow this old defense to potentially let someone off scot-free.

Now with two crashes with a brand-new aircraft, what Boeing did in the intervening five months is more relevant, and that all happened in the United States.

The wreckage hadn't even been identified, let alone retrieved, tOTE had six months to file a limitation action. They should have waited to see if the wreckage would be found, which appears likely, and loved ones retrieved, rather than slapping the families with a lawsuit.

First, the captain, individually, is obviously not a realistic source of recovery for the families, second, the only reason to assert allegations against the captain is to impute his acts or omissions to TOTE, but it still has to be done in a way to defeat the limitation. Simply suing the Captain does not accomplish that.

They're specifically not looking to have to file in China, they're much more interested in getting answers and the best place to do that is in the U.S.