Hebert et al v. Comair, Inc. et al
Plaintiff: Jamie Hebert
Defendant: Comair Aircraft, Inc., Comair Services, Inc., Comair Holdings, LLC and Comair, Inc.
ThirdParty Plaintiff: Comair, Inc.
ThirdParty Defendant: USA, John Does, John Coon and John . Coon
Case Number: 5:2007cv00320
Filed: September 28, 2007
Court: US District Court for the Eastern District of Kentucky
Office: Lexington Office
County: Fayette
Presiding Judge: Karl S. Forester
Nature of Suit: Airplane
Cause of Action: 28:1331 Fed. Question: Airline Crash
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
June 9, 2011 Opinion or Order Filing 505 OPINION & ORDER: It is ORDERED that: (1) The Rapoport Law Offices are to be reimbursed for payments in the amount of $56,150.73. (2) The Rapoport Law Offices are entitled to payment for attorney fees in the amount of $715,000.00, (3) Motley Rice LLC and its local counsel, Wilson, Polites & McQueen, are entitled to payment for attorney fees in the amount of $245,500.00. (4) The Duhon Firm is entitled to payment for attorney fees in the amount of $56,245.00. (5) If no objection to this Order is filed within 10 days, the Court will issue a separate order directing the Clerk to issue checks to distribute the funds deposited in the Court Registry Investment System. Signed by Judge Karl S. Forester on June 9, 2011. (AWD) cc: COR
March 31, 2011 Opinion or Order Filing 442 OPINION AND ORDER re 438 MOTION to Establish a Briefing Schedule: (1) On or before April 15, 2011, Duhon and Motley shall provide any authority to support their claim that they are entitled to challenge Rapoport's fees and expenses; (2) On or before April 15, 2011, Duhon shall provide any evidence that it was discharged without cause; and (3) On or before April 25, 2011, Rapoport may file a response to either of the foregoing briefs. (4) Following resolution of these issues, the Court will establish a briefing schedule. Signed by Judge Karl S. Forester on March 31, 2011. cc: COR (AWD)
March 14, 2011 Opinion or Order Filing 428 OPINION AND ORDER: The 424 Motion to file a Statement of Services Provided Under Seal is GRANTED TO THE EXTENT that the Statement may be filed in the record under seal, but Carl Duhon and the Duhon Law Firm shall serve a copy of the Statement, without any redactions, to all counsel for Plaintiffs so they may provide the Court any comments or objections thereto. Signed by Judge Karl S. Forester on March 14, 2011. (AWD) cc: COR
February 2, 2011 Opinion or Order Filing 413 OPINION AND ORDER: Comair's 401 MOTION for reconsideration of Court's 6/6/2008 and 5/28/2009 orders re punitive damages GRANTED; Comair entitled to partial summary judgment in its favor. A separate final jgm incl amt of compensatory damages will be entered after consultation with counsel. Signed by Judge Karl S. Forester on 2/2/2011.(STB)cc: COR
July 12, 2010 Opinion or Order Filing 390 OPINION AND ORDER: (A) Plaintiff's 340 Motion for a simultaneous trial of punitive damages claims against Comair and liability claims against the US is DENIED. (B) Plaintiff's 348 Motion in limine concerning Comair's claims of caus al fault by others is GRANTED with respect to conduct by Jeppesen-Sanderson, Inc., and DENIED with respect to the Airport and the US. (C) Plaintiff's 376 Motion to issue requests for admission concerning the extent of the US's liability i s DENIED. (D) Plaintiff's 379 Motion to bar Comair from admitting liability at the punitive damages trial is GRANTED to the extent that the Court will advise the jury of the determination of liability and causation. Signed by Judge Karl S. Forester on July 12, 2010. (AWD) cc: COR
April 2, 2010 Opinion or Order Filing 333 OPINION & ORDER: Comair's 324 partial motion for a new trial or remittitur is DENIED. Signed by Judge Karl S. Forester on April 2, 2010. (AWD) cc: COR
February 1, 2010 Opinion or Order Filing 329 OPINION & ORDER: Comair's 318 MOTION for Leave to Interview Jurors is DENIED. Signed by Judge Karl S. Forester on February 1, 2010. (AWD) cc: COR
December 17, 2009 Opinion or Order Filing 319 OPINION & ORDER: Plaintiff's 159 Motion for Partial Summary Judgment against Comair on the issues of negligence and causation is GRANTED. Signed by Judge Karl S. Forester on December 17, 2009. (AWD) cc: COR
November 19, 2009 Opinion or Order Filing 295 OPINION & ORDER: IT IS ORDERED that Plaintiffs' 237 MOTION to Vacate 224 Opinion and Order and 251 MOTION in Limine to allow Dr. Ochberg to testify to those matters described in his Affidavit with the exception of Paragraph 43 are DENIED. Signed by Judge Karl S. Forester on November 19, 2009. (AWD) cc: COR
November 4, 2009 Opinion or Order Filing 282 OPINION AND ORDER: (1) Comair's 249 MOTION to rule regarding privilege of testimony by Huval and Duhon is GRANTED TO THE EXTENT that Comair may take the trial testimony of Huval and Duhon on the limited issue of statements made to them in 2006 regarding Plaintiff's marital status and may provide the same to the Court, under seal, for in camera review to determine the applicability of any attorney-client privilege and the potential admissibility of the evidence. (2) The Court w ill permit simultaneous briefs, not to exceed ten pages, to be filed no more than 5 days after the filing of any sealed testimony. (3) The testimony shall be subject to the Protective Order Regarding Confidential Information, pending further orders of the Court. Signed by Judge Karl S. Forester on November 4, 2009. (AWD) cc: COR
July 2, 2009 Opinion or Order Filing 229 OPINION AND ORDER: (A) Plaintiffs' motion to exclude references or argument that future economic losses are "speculation" or "pure speculation" is DENIED (DE 164 ). (B) Plaintiffs' motion to exclude Dr. James Raddins� 39; testimony that Woodward's autopsy was somehow incomplete is DENIED (DE 164 ). (C) Plaintiffs' motion to exclude opinion testimony by the State ME and pathologists in the areas of accident reconstruction, injury causation analysis or bi omechanics is DENIED (DE 164 ). (D) Plaintiffs' motion to exclude an admission by Comair that it is not contesting liability for compensatory damages is DENIED (DE 164 ). (E) Plaintiffs' motion to exclude reference to Jamie Hebert as Bryan Woodward's common law wife is GRANTED (DE 164 ). Signed by Judge Karl S. Forester on July 2, 2009. (AWD) cc: COR
June 30, 2009 Opinion or Order Filing 227 OPINION & ORDER: This matter is before the Court on Comair's 157 Motion In Limine Adopting Prior Motions In Limine And Seeking Ruling On Motions In Limine Previously Passed Or Denied As Moot. (A) Comair's (DE #2632) Motion to exclude evid ence and argument regarding "Pilot Pushing" is DENIED. (B) Comair's (DE #2674) Motion to exclude four Aviation Safety Action Program reports is DENIED. (C) Comair's (DE #2551) Motion to exclude the expert testimony of Dr. Maxine H arris and Dr. David Lewis Feinberg is DENIED. (D) Comair's (DE #2675) Motion to exclude evidence of comments posted on internet chat rooms, weblogs or the ALPA web-board regarding the crash of Flight 5191 is GRANTED WITHOUT PREJUDICE to Plaintif fs to cure hearsay and relevancy issues and offer portions of this evidence at trial. (E) Comair's (DE #2670) Motion to exclude evidence regarding the runway awareness advisory system and use of GPS in Comair aircraft is GRANTED. Signed by Judge Karl S. Forester on June 30, 2009. (AWD) cc: COR
June 23, 2009 Opinion or Order Filing 224 OPINION AND ORDER: A. Comair's 155 Motion to exclude testimony by Dr. Frank Ochberg re personal damages suffered by Jamie Hebert is GRANTED; B. Comair's 155 Motion to exclude testimony by Dr. Joy Osofsky re personal damages suffered by Lauren Hebert or Mattie Kay Hebert is DENIED; and Comair's 155 Motion for Hearing is DENIED. Signed by Judge Karl S. Forester on 6/23/2009. (STB)cc: COR
June 19, 2009 Opinion or Order Filing 217 OPINION AND ORDER: Comair's 154 Motion in Limine to exclude testimony of Dr. Richard A. Levy is DENIED. Signed by Judge Karl S. Forester on 6/19/2009. (STB)cc: COR
June 16, 2009 Opinion or Order Filing 215 OPINION AND ORDER: A. Comair's 169 Motion to Seal Document is DENIED; B. Comair's 189 Motion to amend 1/22/07 Protective Order is DENIED; and C. Court will consider a motion for protective order filed in accordance w/ this Opinion by 6/26/2009; response filed by 7/6/2009. Signed by Judge Karl S. Forester on 6/16/2009. (STB)cc: COR
May 28, 2009 Opinion or Order Filing 194 OPINION AND ORDER: Comair's 161 Motion for Reconsideration of June 6, 2008 Opinion denying partial summary judgment on plts' claims for punitive damages is DENIED. Signed by Judge Karl S. Forester on 5/28/2009. (STB)cc: COR
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Search for this case: Hebert et al v. Comair, Inc. et al
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Defendant: Comair Aircraft, Inc.
Represented By: Richard W. Edwards
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Defendant: Comair Services, Inc.
Represented By: Edward H. Stopher
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Defendant: Comair Holdings, LLC
Represented By: Edward H. Stopher
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Defendant: Comair, Inc.
Represented By: Edward H. Stopher
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Thirdparty plaintiff: Comair, Inc.
Represented By: Edward H. Stopher
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Thirdparty defendant: USA
Represented By: Kathryn L. Smith
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Thirdparty defendant: John Does
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Thirdparty defendant: John Coon
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Thirdparty defendant: John . Coon
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Plaintiff: Jamie Hebert
Represented By: Albert B. McQueen, Jr.
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