NYTimes.com Article: Judge Rules on 9 / 11 Airline Suits

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Judge Rules on 9 / 11 Airline Suits

September 19, 2002
By THE ASSOCIATED PRESS






Filed at 8:09 p.m. ET



NEW YORK (AP) -- Families of those who died or were injured
in the Sept. 11, 2001, terrorist attacks cannot sue
airlines and airport security companies anonymously because
of the high public interest in the disaster, a federal
judge ruled Thursday.

Judge Alvin K. Hellerstein cut short the oral arguments of
a lawyer for 10 families seeking to press their claims
anonymously after noting that the families could keep their
identities secret by joining the federal Victim
Compensation Fund.

The fund set up by the government requires participants to
give up their rights to sue airlines used in the attack and
other entities but allows them to sue terrorists.

``If your client wants confidentiality -- doesn't want to
be in the public eye -- maybe your client should reconsider
their position,'' Hellerstein said.

Attorney John A. Greaves said about 10 families sought
anonymity in lawsuits against the airlines, airports and
security companies because they feared for their personal
safety.

``The courthouse is public and there is a great incentive
to be public. We have to account for ourselves,''
Hellerstein told Greaves.

The judge said there was an ``overriding public interest''
in letting people know all the facts involved in lawsuits
stemming from the terrorist attacks.

The ruling came after a lawyer for The New York Times sent
a letter to the judge saying there was no legal reason to
let the families proceed anonymously.

Greaves said outside court that his clients were not
distinguishable from hundreds of other families who lost
relatives in the attacks other than their heightened fears
for personal safety.

The lawyer said families also were worried that losing
anonymity would increase chances they would be asked to
testify against Zacarias Moussaoui, who is representing
himself against charges of conspiracy to commit terrorism
in the Sept. 11 attacks.

Prosecutors have said they will call family members of
victims to testify if the trial set for January in
Alexandria, Va., reaches a penalty phase.

Greaves said the families also did not want to be ``looked
at as bad guys or as outsiders because we want to vindicate
our rights.''

http://www.nytimes.com/aponline/national/AP-Attacks-Lawsuits.html?ex=1033526610&ei=1&en=c14d60214647d219



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