By MATT CHANDLER
Buffalo Law Journal

A New Jersey attorney who illegally solicited business from the families of victims of Continental Airlines Flight 3407 reached a settlement with the United States Attorney on Friday.

Richard Weiner, a partner with the New Jersey-based law firm Weiner Carroll and Strauss, faced a civil action brought by the United States for sending a letter to the families less than a month after the Feb. 12 crash in Clarence Center that killed 50 people.

The one-page letter, dated March 10, 2009, ends with Weiner asking victims' families to "consider giving me the opportunity to sit down with you and discuss your rights with regard to this tragedy." Such contact by an attorney is prohibited within 45 days of an airplane crash, pursuant to U.S.C. Sec. 1136 which states: "In the event of an accident involving an air carrier providing interstate or foreign air transportation ... no unsolicited communication concerning a potential action for personal injury or wrongful death may be made by an attorney to an individual injured in the accident, or to a relative of an individual involved in the accident, before the 45th day following the accident."

In announcing the settlement, United States Attorney Kathleen Mehltretter reiterated the time line for solicitation in these types of cases, adding, "It is important that this restriction be complied with by all practicing attorneys."
Hugh Russ III, is the liaison for the attorneys representing the families of Flight 3407 victims. He is also the lead attorney for his firm, Hodgson and Russ, in the airline case and he called the premature solicitation of victims' families "unfortunate."

"I think this was an isolated incident in that it was a direct solicitation," Russ said, "However, all kinds of firms were indirectly contacting families, with a lot of firms scrambling around to find indirect contacts they might have with the families."

As part of the settlement, Weiner agreed to the wrongdoing and paid the United States $5,000. A call to his law office seeking comment was not returned by press time.

Nearly nine months have passed since Continental Flight 3407, operated by Colgan Air, slammed into a house in Clarence Center, killing 50. But as the attorneys representing the families of victims return to court next week, the relatives of those who died are facing a battle that is in its early stages.
Hugh Russ III and his firm, Hodgson Russ LLP, represent five families of crash victims in addition to his work as the liaison for the families' attorneys. He said that at next week's hearing before Judge Hon. William Skretny, the plaintiffs' attorneys are expected to report on their progress in terms of discovery and scheduling of depositions and other preparatory items.
"There are about 15 cases in front of Judge Skretny and about 10 cases scattered throughout the Northeast," Russ said. He noted that there are various pending petitions around the country seeking to have all of the cases brought to Western New York, either as part of a multi-district litigation (MDL) or through a change-of-venue petition.
"I'm quite confident that all of the cases will end up in front of Judge Skretny here in the Western District of New York," he said. "I think its going to take another month or so for that to happen."
When can families expect to see some type of closure in the case? That, says Russ, depends on a number of factors.
"There have been rumblings about the airlines wanting to get settlement negotiations going, but at least from my vantage point that hasn't happened yet," he said.
While Russ and his fellow attorneys are eager to bring closure for the victims' families, he believes it is a process that can't be rushed.
"The plaintiffs' perspective is that we want some limited discovery before we get into full-blown mediation," he said. "The main reason is, we think that these cases may warrant punitive damages because of the airlines' conduct, not necessarily that of the pilots, but the conduct in the boardroom."
To that point, he anticipates a schedule that includes paper discovery continuing through the fall, with the first depositions in the case starting next year.
"From the plaintiffs' perspective, I think we need some discovery into what the airlines knew and didn't know, what their plans and procedures were and what their training was. Those are the types of things that might bear on the issue of punitive damages," Russ said.
If history is any indicator, most, if not all, of the civil suits will be settled short of a trial, but Russ says there is more at stake than a financial settlement.
"I think that (a settlement) would be a good outcome for many of the families involved," he said. "However, for many of the families, they want to not only recover for their losses, but to influence change in the aviation industry and there are certainly people out there who feel this lawsuit provides some significant leverage in that regard," he said. These cases are unique and I think the motivation here is not to just recover money, but to make sure this never happens again."