In Re Air Crash Disaster Near New Orleans, Louisiana on July 9, 1982. Luis Alberto Trivelloni-Lorenzi, & Susanna Electra Trivelloni-Lorenzi v. Pan Am. World Airways, Inc., Ernesto Serio Pampin Lopez, Individually & as Adm'r of the Est. of His Deceased Mother Sara E. Lopez De Pampin v. Pan Am. Airways, Inc., & United States of Am., 883 F.2d 17 (5th Cir. 1989). · Go Syfert
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In Re Air Crash Disaster Near New Orleans, Louisiana on July 9, 1982. Luis Alberto Trivelloni-Lorenzi, & Susanna Electra Trivelloni-Lorenzi v. Pan Am. World Airways, Inc., Ernesto Serio Pampin Lopez, Individually & as Adm'r of the Est. of His Deceased Mother Sara E. Lopez De Pampin v. Pan Am. Airways, Inc., & United States of Am., 883 F.2d 17 (5th Cir. 1989). Cases Citing This Book View Copy Cite
“he remedial purpose of title vii and the paucity of legal 18 training among those whom it is designed to protect require charges filed before the eeoc 19 to be construed liberally.”
106 citation events (64 in the last 25 years) across 22 distinct courts.
Strongest positive: Mendoza v. DeJoy (casd, 2021-10-19)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Mendoza v. DeJoy
S.D. Cal. · 2021 · quote attribution · 1 verbatim quote · confidence high
he remedial purpose of title vii and the paucity of legal 18 training among those whom it is designed to protect require charges filed before the eeoc 19 to be construed liberally.
discussed Cited as authority (rule) Shallowhorn v. Carrillo
S.D. Cal. · 2024 · confidence medium
“To state a claim for a conspiracy to 15 violate one’s constitutional rights under section 1983, the plaintiff must state specific facts 16 to support the existence of the claimed conspiracy.” Burns v. County of King, 883 F.2d 17 819, 821 (9th Cir. 1989). “[A] plaintiff must demonstrate the existence of an agreement or 18 meeting of the minds to violate constitutional rights.” Crowe v. County of San Diego, 608 19 F.3d 406, 440 (9th Cir. 2010).
discussed Cited as authority (rule) Shepherd v. City of Seattle
W.D. Wash. · 2023 · confidence medium
Superintendent of Schs., 883 F.2d 17 1472, 1480 (9th Cir. 1989). 18 Plaintiff argues that two instances of discrimination are at play in this case: 19 (1) the City’s refusals to conduct use-of-force reviews in the course of 20 investigations into Plaintiff’s actions, as well as the failure to investigate the 21 conduct of the suspect; and (2) Defendant’s decision to seek review of Plaintiff’s 22 reinstatement by the DRB with King County Superior Court.
discussed Cited as authority (rule) Uzoukwu v. Krawiecki
2d Cir. · 2015 · confidence medium
As to supplemental 14 instructions given by the district court, “[i]f a supplemental charge is legally 15 correct, the district court enjoys broad discretion in determining how, and under 16 what circumstances, that charge will be given.” United States v. Civelli, 883 F.2d 17 191, 195 (2d Cir. 1989) (holding district court did not plainly err in giving 18 unchallenged supplemental charge on “conscious avoidance,” which correctly 11 1 stated the law, after deliberations had begun, where jury asked question that 2 could not be addressed by yes or no answer)).
cited Cited "see" Lorenzo Lee Wriden v. R. Arias, S. Verno, J. Rayes, J. Velasquez, A. Lara, D. Rivera, H. Verduzco, J. Price, C. Marciel, J. Raygoza, C. Ponce, H. Rodriguez, O. Valdez, J.
S.D. Cal. · 2026 · signal: see · confidence high
See Burns, 883 F.2d 17 at 821.
discussed Cited "see" Northrop Grumman Ship Systems, Inc. v. Ministry of Defense of the Republic of Venezuela
5th Cir. · 2009 · signal: see · confidence high
See generally In re Air Crash Disaster Near New Orleans, La., 821 F.2d 1147, 1166 (5th Cir.1987) (instructing the lower court to “set out its findings and conclusions” to facilitate the review of forum non conveniens orders), aff'd in relevant part, 883 F.2d 17 (5th Cir.1989) (en banc).
discussed Cited "see" Urena Taylor v. Daimler Chrysler Corp.
E.D. Tex. · 2001 · signal: see · confidence high
See In re Air Crash Disaster Near New Orleans, Louisiana on July 9, 1982, 821 F.2d 1147, 1159 (5th Cir.1987), vacated on other grounds and remanded, Pan American World Airways, Inc., v. Lopez, 490 U.S. 1032 , 109 S.Ct. 1928 , 104 L.Ed.2d 400 (1989), reinstated in relevant part, In re Air Crash Disaster Near New Orleans, 883 F.2d 17 (5th Cir.1989).
discussed Cited "see" Vasquez v. Bridgestone/Firestone, Inc.
E.D. Tex. · 2001 · signal: see · confidence high
See In re Air Crash Disaster Near New Orleans, Louisiana on July 9, 1982, 821 F.2d 1147, 1159 (5th Cir.1987), vacated on other grounds and remanded, Pan American World Airways, Inc., v. Lopez, 490 U.S. 1032 , 109 S.Ct. 1928 , 104 L.Ed.2d 400 (1989), reinstated in relevant part, In re Air Crash Disaster Near New Orleans, 883 F.2d 17 (5th Cir.1989).
discussed Cited "see" Vasquez v. Bridgestone/Firestone
E.D. Tex. · 2001 · signal: see · confidence high
See In re Air Crash Disaster Near New Orleans, Louisiana on July 9, 1982, 821 F.2d 1147, 1159 (5th Cir.1987), vacated on other grounds and remanded, Pan American World Airways, Inc. v. Lopez, 490 U.S. 1032 , 109 S.Ct. 1928 , 104 L.Ed.2d *722 400 (1989), reinstated in relevant part, In re Air Crash Disaster Near New Orleans, 883 F.2d 17 (5th Cir.1989).
cited Cited "see" Prevision Integral De Servicios Funerarios, S.A. v. Kraft
W.D. Tex. · 2000 · signal: see · confidence high
See id. (citing Air Crash, 821 F.2d at 1164-65 ); see also Air Crash, 821 F.2d at 1164 (stating that the burden of persuasion “runs to all the elements of the forum non conveniens analysis”).
discussed Cited "see" Janet L. Vaught v. Showa Denko K.K.
5th Cir. · 1997 · signal: see · confidence high
See In re Air Crash Disaster Near New Orleans, La. on July 9, 1982, 821 F.2d 1147, 1159 (5th Cir.1987), cert. granted and judgment vacated on other grounds, Pan American World Airways v. Lopez, 490 U.S. 1032 , 109 S.Ct. 1928 , 104 L.Ed.2d 400 (1989), on remand, 883 F.2d 17 (5th Cir.1989).
discussed Cited "see" JANET L. VAUGHT et al v. SHOWA DENKO K.K. et al
unknown court · signal: see · confidence high
See In re Air Crash Disaster Near New Orleans, La. on July 9, 1982, 821 F.2d 1147, 1159 (5th Cir. 1987), cert. granted and judgment vacated on other grounds, Pan American World Airways v. Lopez, 490 U.S. 1032 (1989), on remand, 883 F.2d 17 (5th Cir. 1989).
Retrieving the full opinion text from the archive…
In Re Air Crash Disaster Near New Orleans, Louisiana on July 9, 1982. Luis Alberto Trivelloni-Lorenzi, and Susanna Electra Trivelloni-Lorenzi
v.
Pan American World Airways, Inc., Ernesto Serio Pampin Lopez, Individually and as Administrator of the Estate of His Deceased Mother Sara E. Lopez De Pampin v. Pan American Airways, Inc., and United States of America
84-3832.
Court of Appeals for the Fifth Circuit.
Sep 8, 1989.
883 F.2d 17
Cited by 48 opinions  |  Published

883 F.2d 17

1990 A.M.C. 304

In re AIR CRASH DISASTER NEAR NEW ORLEANS, LOUISIANA ON JULY
9, 1982.
Luis Alberto TRIVELLONI-LORENZI, and Susanna Electra
Trivelloni-Lorenzi, Plaintiffs-Appellees,
v.
PAN AMERICAN WORLD AIRWAYS, INC., et al., Defendants-Appellants.
Ernesto Serio PAMPIN LOPEZ, Individually and As
Administrator of the Estate of His Deceased Mother
Sara E. Lopez De Pampin, Plaintiff-Appellee,
v.
PAN AMERICAN AIRWAYS, INC., and United States of America, et
al., Defendants-Appellants.

Nos. 84-3832, 84-3833.

United States Court of Appeals,
Fifth Circuit.

Sept. 8, 1989.

Robert E. Kerrigan, Francis G. Weller, Frederick R. Bott, Darrell K. Cherry, Deutsch, Kerrigan & Stiles, New Orleans, for Pan Am et al.

John P. Volz, U.S. Atty., Harry Pastuszek, Asst. U.S. Atty., New Orleans, La., for U.S.

Patricia R. Murray, Stephen B. Murray, Romualdo Gonzalez, New Orleans, La., for plaintiffs-appellees.

Appeals from the United States District Court for the Eastern District of Louisiana; Adrian G. Duplantier, Judge.

On Remand from the United States Supreme Court, 109 S.Ct.

1928.

Before CLARK, Chief Judge, and GEE, GARZA, REAVLEY, POLITZ, KING, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, and DUHE, Circuit Judges.[*]

PER CURIAM:

1

The decision of this court sitting en banc, In re Air Crash Disaster Near New Orleans, La., 821 F.2d 1147 (5th Cir.1987), which reinstated in part the panel opinion reported at 789 F.2d 1092, has been vacated by the Supreme Court and remanded to this court for further consideration in light of Chan v. Korean Air Lines, Ltd., 490 U.S. ----, 109 S.Ct. 1676, 104 L.Ed.2d 113 (1989). The Chan case concerns the limitation of damages for injury or death of international air travelers imposed by the 1929 Warsaw Convention as modified in 1966 by the Montreal Agreement.

I.

2

In remanding for further consideration in light of its decision in Chan, the Supreme Court neither expressed nor intimated any disagreement with or criticism of any part of our en banc opinion other than that relating to the limitation of damages for international air travelers. Accordingly, save and except as to damages we reinstate the opinion of the en banc court, including the concurrences and dissents, and affirm the judgments of the district court.

II.

3

As to damages, the judgments of the district court are vacated and the cases are remanded for reconsideration of the amount of damages. Consistent with the holding in Chan v. Korean Air Lines, Ltd., in determining the amount of damages the district court shall apply the limitations imposed by the Warsaw Convention, as modified by the Montreal Agreement, unless there is sufficient reason to make the damage limitation inapplicable, other than the size of the type used in printing the damage-limitation warning.

4

AFFIRMED in part, VACATED in part and REMANDED.

*

Judges Jerry E. Smith and John M. Duhe, Jr. were not members of this court when this case was decided by the en banc court and have opted not to participate in Part I of this opinion. They do participate, however, in Part II