Some MH370 Families Consider Legal Action; Aviation Attorney Talks Lawsuits
BERMAN: They are upset and in agony. Some of the families on flight 370 have been offered an initial payment of $5,000. It is possible they could be entitled to much, much more.</s>PEREIRA: Aviation attorney, Floyd Wisener, is not currently representing any of the families of flight 370. He knows a lot about how to make the case. He led the charge after several other plane crashes, including TWA flight 800. Good to have you with us, Floyd. I think one of the questions a lot of people are wondering, given the fact that they don't have wreckage or debris in hand, is this premature and if it is, how would the lack of physical evidence affect litigation down the road.</s>FLOYD WISENER, AVIATION ATTORNEY: Well, the lack of physical evidence definitely will affect litigation against the manufacturer, Boeing, or component manufacturer, such as the engine manufacturer, Rolls Royce. It will not necessarily affect litigation against Malaysia Air, the air carrier. It is going to be responsible under the Montreal Convention, which governs claims arising from debts and international carriage by air. That convention provides for an intention payment of 113,000 special drawing rights which is an international monetary unit coming to about $176,000, plus additional damage, unless the airline can prove that either it cook all necessary measures to avoid the loss. I don't think Malaysia Air will be able --</s>BERMAN: So at a minimum, the Montreal Convention -- at a minimum, in your mind, the Montreal Convention rules will apply, which will be over $100,000 per person. Beyond that, frankly, this is an awfully complicated case, passengers from 15 countries, Malaysia Air and Malaysia Airline. An American plane, the Boeing plane. You know, the first legal steps we understand were just taken for some kind of possible suit in Illinois. What can you tell us about this?</s>WISENER: Well, John, I'll tell you. This is one of these days when I'm embarrassed to be a lawyer. I can tell you, first of all, this is not a lawsuit, it's a petition for discovery. It's wrongfully used, in my opinion. A petition for discovery is a unique procedure under Illinois law that allows an injured person to discover the identity of a party against whom they may want to bring a suit. It's not to be used for the purpose this law firm is using it. In my opinion, this is nothing more than a shameful marketing ploy to get clients. It's embarrassing to me personally, as a lawyer. I can guarantee you, I've been practicing in Illinois for 37 years. I can guarantee you, there is absolutely no chance that the families will obtain any investigation evidence as a result of the filing of this petition for discovery. It's just not --</s>PEREIRA: Very strong language.</s>WISENER: Not what it was intended to do. Well, it is. And I stand by it.</s>PEREIRA: I'm glad you spoke your mind here. I want to ask you about something we used to sort of reference, the fact this is a complex situation because there's so many people internationally who have got this American-made jet, et cetera, et cetera. We know that Americans generally are more litigious. Do you think we're going to see some Malaysians trying to find American representation here to pursue litigation or will they pursue in their own countries? How do you see it playing out?</s>WISENER: Well, definitely, I think that there will be other non- American seeking American representation. I've been in contact with some of the families discussing this already. It's a little early to be doing anything, but we have been in discussions. And, you know, what's funny, Michaela -- not funny, but what is in some ways shameful, again, is the despair treatment that they're likely to receive, based on their nationality. You could have the same person, same age, same number of dependents and may be worth a fraction of what an American's would be.</s>BERMAN: You say what's going on in Illinois is shameful. But do you believe these families and passengers have some legal right to compensation here, yes?</s>WISENER: Oh, they absolutely do. And it's a matter of doing it the right way. My point, John, is just that don't go off filing something that's never going to work, and let other families think you're doing something for them when it's not going to work. Do it in a responsible manner that a competent, able, aviation attorney with that particular expertise will know what to do.</s>PEREIRA: And this is certainly not the time line yet, as you said, premature at this point. But we anticipate that we're going to be talking more about this in the coming weeks and months. Floyd Wisener, thanks so much for joining us from Florida. We appreciate you joining us.</s>BERMAN: I've got to say, he opened my eyes to something I hadn't thought about yet.</s>BERMAN: The difference in nationalities, and how that will affect the lawsuits and the unfairness. Something to think about. Ahead for us AT THIS HOUR, the recovery effort continues northeast of Seattle today after the deadly, deadly landslide. We'll have a live report from the scene in Washington, next.