In Re Air Crash Disaster at Gr. Cincinnati Airport, Etc.

OPINION AND ORDER PER CURIAM. The crash of a Trans World Airline passenger plane at the Greater Cincinnati Airport in 1967 led to the filing of more than seventy actions which were coordinated for pretrial purposes in the Eastern District of Kentucky. In re November 20, 1967 Greater Cincinnati Airport Air Disaster Litigation, 298 F. Supp. 353 (Jud.Pan.Mult.Lit.1968); 298 F.Supp. 355 (Jud.Pan.Mult.Lit.1969); 298 F.Supp. 358 (Jud.Pan.Mult.Lit.1969). In August 1972 the transferee court entered an order stating that all discovery proceedings had been completed and that the cases appeared to be appropriate for remand to the respective transferor courts for trial. After receiving notification of the entry of this order and various papers from the parties to the litigation, the Panel ordered the parties to show cause, pursuant to revised Rule 15, 55 F.R.D. LI, why the cases should not be remanded. Based upon the responses to that order to show cause and the arguments presented at the hearing on this matter, we order all actions remanded to the transferor courts. It is clear from the responses of the parties and the final order of the transferee court that all pretrial proceedings have been completed and that the cases are now ready for trial in the transferor forums. 1 The pretrial processing of the litigation has generated several problems, however, concerning the compensation of liaison counsel and the effect of a summary judgment entered in favor *277 of two defendants. Several parties urge that the Panel either attempt to resolve these problems or deny remand so that they may be resolved in the transferee court. We do not believe that Section 1407 authorizes us to do more than call these problems to the attention of the transferor courts in our order of remand. In this litigation as in many others transferred by the Panel, it became necessary to appoint liaison counsel to coordinate the pretrial efforts of the plaintiffs. See, Manual for Complex Litigation § 1.90 (January 24, 1973 Revision). It appears that liaison counsel expended considerable effort in discovery and other pretrial matters and the transferee court acknowledged these efforts and ordered counsel to work out the appropriate compensation for liaison counsel on a ease-by-case basis. The court further ordered that no settlement would be approved by the court unless approved by liaison counsel. Although this order was generally effective, the plaintiffs in some of the cases now before the Panel for remand have not paid liaison counsel for his efforts and liaison counsel has brought these facts to the attention of the Panel. While we are unable to order payment of these fees or to condition remand on such payment, we do think it appropriate to call these facts to the attention of the transferor courts since liaison counsel will have the right to seek relief in those courts after remand. The remaining problem concerns two defendants in the litigation, General Dynamics Corp. and Kollsman Instrument Corp. After extensive discovery, plaintiffs moved for summary judgment against Trans World Airlines on the issue of liability and defendants General Dynamics and Kollsman moved for summary judgment in their favor against plaintiffs and for dismissal of the cross-claims and third-party claims asserted by Trans World Airlines against them. The transferee court granted plaintiffs’ motion for summary judgment against Trans World Airlines. It also granted General Dynamics’ and Kollsman’s motion for summary judgment against the plaintiff and for dismissal of Trans World Airlines’ cross-claims and third-party claims. Reidinger v. Trans World Airlines, 329 F.Supp. 487 (E.D.Ky.1971). Although certain portions of the transferee court’s judgment were appealed from and ultimately reversed, no appeal was taken from the order granting summary judgment in favor of General Dynamics and Kollsman. Reidinger v. Trans World Airlines, 463 F.2d 1017, 1018 (6th Cir. 1972). It appears, however, that no final judgment was entered in favor of these defendants, only the order holding them entitled to summary judgment. Both General Dynamics and Kollsman urge the Panel to strike them as party defendants in the litigation on the basis of Judge Swinford’s order and the lack of an appeal therefrom. They contend that unless such action is taken by the Panel, they will be required to proceed separately in each transferor district to secure final judgment in their favor. We lack the power to take such action, however, and can only remand the actions to the transferor courts with a description of the factual background of these defendants’ problems. It will then be necessary for the defendants to seek relief from the transferor courts. It is therefore ordered that all actions listed on the attached Schedule A be, and the same hereby are, remanded to the districts from which they were transferred. SCHEDULE A Eastern District of Kentucky Margaret J. Zahneis, etc. v. Trans World Airlines, et al. (S.D.Ohio, No. 6644) Civil Action No. 1918L Joyce E. Schiller, etc. v. Trans World Airlines, et al. (S.D.Ohio, No. 6045) Civil Action No. 1919L John Bernard Doherty, etc. v. Trans World Airlines (W.D.Pa., No. 67-1511) Civil Action No. 1923L Catherine Reed, etc. v. Trans World Airlines (N.D.Ill., No. 68 C 110) Civil Action No. 1926L Julius Kashkin v. Trans World Airlines, et al. (C.D.Calif., No. 67-1783) Civil Action No. 1930L John H. Klette, Jr., etc. v. Trans World Airlines, et al. (W.D.Ky., No. 5892) Civil Action No, 1935L *278 SCHEDULE A — Cont'd Eastern District of Kentucky — Cont'd William J. Bauman, etc. v. Trans World Airlines, et al., (C.D.Callf., No. 68-1877) Civil Action No. 1951L Julius Kashkln v. Kollsman Instrument Corp. (N.D.Callf., No. 50334) Civil Action No. 1954L George Brokaw v. Standard Kollsman Industries, Inc., et al. (N.D.Ill., No. 68 C 2209) Civil Action No. 1957L Mary Rita Murphy v. Standard Kollsman Industries, Inc., et al. (N.D.Ill., No. 68 C 2210) Civil Action No. 1958 L Mary Rita Murphy, etc. v. Standard Kollsman Industries, Inc., et al. (N.D. Ill., No. 68 C 2211) Civil Action No. 1959L Virginia Sandish, etc. v. Standard Kollsman Industries, Inc., et al. (N.D. Ill., No. 68 C 2212) Civil Action No. 1960L James E. Simpson, etc. v. Standard Kollsman Industries, Inc., et al. (N.D. Ill., No. 68 C 2231) Civil Action No. 1961L Dolores Monkells, etc. v. Standard Kollsman Industries, Inc., et al. (N.D. Ill., No. 68 C 2248) Civil Action No. 1962L Francis A. Hoblak, etc. v. Standard Kollsman Industries, Inc., et al. (N.D. Ill., No. 68 C 2249) Civil Action No. 1963L Dolores Monkells, etc. v. Standard Kollsman Industries, Inc., et al. (N.D. 111., No. 68 C 2250) Civil Action No. 1964L The Central Trust Co., etc. v. Trans World Airlines, et al. (S.D.Ohio, No. 6874) Civil Action No. 1965 L The Central Trust Co., etc. v. Trans World Airlines, Inc., et al. (S.D. Ohio, No. 6875) Civil Action No. 1966L The Central Trust Co., etc. v. Trans World Airlines, Inc., et al. (S.D.Ohio, No. 6876) Civil Action No. 1967L Irene E. Mulligan, etc. v. Trans World Airlines, et al. (S.D.Ohio, No. 6883) Civil Action No. 1968L Jean B. Smith, etc. v. Trans World Airlines, et al. (S.D.Ohio, No. 6908) Civil Action No. 1969L Lena M. Claflin, etc. v. General Dynamics Corp., et al. (S.D.Ohio, No. 6914) Civil Action No. 1970L Mary Rita Murphy v. Trans World Airlines, Inc., et al. (W.D.Pa., No. 68-1260) Civil Action No. 1972 L Mary Rita Murphy, etc. v. Trans World Airlines, Inc., et al. (W.D.Pa., No. 68-1261) Civil Action No. 1973 L George Brokaw v. Trans World Airlines, et al. (W.D.Pa., No. 68-1303) Civil Action No. 1974L James E. Simpson, etc. v. Trans World Airlines, et al. (W.D.Pa., No. 68-1340) Civil Action No. 1976L Virginia Sandish, etc. v. General Dynamics Corp. (W.D.Pa., No. 68-1230) Civil Action No. 1977L Dolores Monkells, etc. v. Trans World Airlines, et al. (W.D.Pa., No. 68-1320) Civil Action No. 1982L Dolores Monkells, etc. v. Trans World Airlines, et al. (W.D.Pa., No. 68-1321) Civil Action No. 1983L Francis A. Hoblak, etc. v. Trans World Airlines, et al. (W.D.Pa., No. 68-1322) Civil Action No. 1984L Virginia Sandish, etc. v. Trans World Airlines et al. (W.D.Pa., No. 68-856) Civil Action No. 1990L Joy Ann Sweet, et al. v. Trans World Airlines (C.D.Calif., No. 68-1893-HP) Civil Action No. 1991L Ruth M. Ness, etc. v. Trans World Airlines, et al. (C.D.Callf., No. 68-1903 — HP) Civil Action No. 1992L Margaret L. Kofink, etc. v. Trans World Airlines, et al. (Mass., No. 68-1035-M) Civil Action No. 1993L William Duffy, etc. v. Trans World Airlines, et al. (Mass., No. 68-1022-M) Civil Action No. 1994L Josephine Andrunas, etc. v. Trans World Airlines, et al. (Mass., No. 68 — 1008 — M) Civil Action No. 1996L Angelo A. Moreno, etc. v. Standard Kollsman Industries, Inc. (N.D.Ill., No. 69 C 69) Civil Action No. 1980L Footnotes [1] The transferee court has denied the motion of the United States for transfer of certain actions in which it is a defendant to the Eastern District of Kentucky for all purposes, pursuant to 28 U.S.C. § 1404 (a).