The NTSB, in coordination with the U.S. Navy Supervisor of Salvage, recovering wreckage of the Bombardier CRJ700 on Feb. 3.
WASHINGTON – A federal judge has warned attorneys in lawsuits over the January 2025 collision of a commercial jet and a military helicopter over the Potomac River to stop mouthing off to the press.
D.C. federal judge Ana Reyes was not happy that plaintiff lawyer Robert Clifford issued a statement to media outlets that covered the federal government’s admission that it bears some of the responsibility for the mid-air crash that killed 67 people.
Army pilots had failed to “maintain vigilance so as to see and avoid” American Airlines Flight 5342, the government wrote last month. That plane was on its final approach into Reagan National Airport when it struck a Black Hawk helicopter whose crew was performing a flight evaluation.
Clifford Law held a press conference in September when announcing litigation. Judge Reyes said defendants could also make a public statement when filing their responses, but after that, everyone involved needed to keep quiet.
“We are not going to litigate this case in the press,” she warned.
But after the federal government admitted some fault, Clifford’s statement was included in various news articles regarding “the Army’s responsibility for the needless loss of life.”
“The Court, to put it mildly, is not amused,” Reyes said Dec. 18. “That noted, it will issue this one warning: If any counsel violates any Court order in the future, the Court will immediately enter a show cause order as to why that counsel should not be sanctioned.”
Cases have been consolidated before Reyes, who is holding a hearing on motions to dismiss on Feb. 27. American filed its on Dec. 17, arguing plaintiff lawyers can’t show it violated any federal standards or regulations.
“American is sympathetic to Plaintiffs’ desire to obtain redress for this tragedy,” the motion says.
“Its priority since January 29th has been supporting the families and loved ones of Flight 5342’s passengers and crew members. But Plaintiffs’ proper legal recourse is not against American.
“It is against the United States government, which – unlike American – is alleged to have violated federal aviation standards.”
Sixty-four passengers on the American flight died, as did the three on-board the Army helicopter.
In March, the National Transportation Safety Board noted risky distances between helicopters flying on Route 4 and planes landing on runway 33.
The proximity of the two paths is “insufficient” and poses “an intolerable risk to aviation safety by increasing the chances of a midair collision,” the NTSB said.
Following its own investigation, Clifford Law sued in D.C. federal court on behalf of the Estate of Casey Crafton. The suit cited the NTSB’s findings and blamed American for overloading its flight schedule at DCA, which it says is one of five airports in America designated “high-density” because of a limited number of takeoffs and landings plus “the complex nature of air traffic in the area.”
Kreindler & Kreindler of New York says it represents the estates of 34 victims of the crash and has asked to be appointed lead counsel. Proposed co-chairs are Clifford Law and Speiser Krause.
Those three firms represent 49 victims. Every other firm that has a client should be appointed to a Plaintiffs’ Steering Committee, a motion filed by plaintiff lawyers says.
Brian Alexander, a former military pilot, would be Kreindler & Kreindler’s lead attorney. He’s also on the Plaintiffs’ Executive Committee in lawsuits against Boeing over the crash of Ethiopian Airlines Flight 302.
