by Max Marbut
Staff Writer
The fact the law firm of Spohrer & Dodd, P.L. is representing plaintiffs in a civil action involving loss of life in an airplane crash is not remarkable.
That the crash occurred in the mountains of Afghanistan makes it more remarkable. That three of the people who lost their lives were American service personnel makes it even more so.
What makes the case most remarkable, especially considering current national headlines, is that three other people killed in the crash were employed by and were flying an aircraft owned and operated by Presidential Airways that was chartered to the U.S. government.
Where the national headlines come in: Presidential Airways is a subsidiary of Blackwater U.S.A.
Since 2001, Blackwater has received $1 billion in government contracts for various services including security and transportation. The company has been in the headlines lately – even the subject of a CBS News “60 Minutes” report on the actions of their security providers in Iraq.
Monday, the House Committee on Oversight and Government Reform led by its chair, U.S. Rep. Henry Waxman (D-California), accused Blackwater of income tax evasion related to its employees to the tune of more than $30 million in the last year alone.
Almost three weeks before the income tax issue ever hit the front page or the airwaves, the committee heard testimony involving the Nov. 24, 2004 crash of a small transport aircraft. The crash is the focus of the civil action involving the plaintiffs represented by Spohrer & Dodd.
“It’s a fascinating case because it’s the intersection of law and current events. We knew it wasn’t going to be a ‘garden variety’ case and special defense issues would be involved.
“Never before in history have we outsourced war the way we have in the last seven years. While the congressional committee is struggling with the gray areas of the law concerning military responsibility, our case involves the civil responsibility,” said Bob Spohrer, who is well known for his aviation litigation.
He said other than where the incident occurred and who owned and operated the aircraft, the case is similar to many others in his experience.
“From our perspective, the facts are no different from any other case involving pilot error.”
Blackwater’s contention is that the mission was military in nature and as such, the subcontractor contends the courts have no jurisdiction in the case.
Two courts, including the 11th Circuit of the Federal Appeals Court, have already ruled against Blackwater’s assertion of sovereign immunity.
“There was no military commander on board, no flight plan, no checklists and no evasive action, but true to form, Blackwater has denied any responsibility,” said Spohrer, who also pointed out three separate investigations by the National Transportation Safety Board, the U.S. Army and the U.S. Air Force all concluded that pilot error caused the crash.
Spohrer also said despite already losing two appeals, he won’t be surprised if Blackwater attempts to take the case all the way to the U.S. Supreme Court, “But in my view, it’s very unlikely they would hear the case.”
Another remarkable aspect to the case is that one of the attorneys working on it, Galen Bauer, is a 2005 graduate of Florida Coastal School of Law.
Spohrer said it’s unusual for an attorney two years out of law school to be working on much more than, “spending time in a back room doing research.
“Galen is a very good lawyer,” he added, “and we’re delighted he’s able to work on this case.”
Bauer agreed he has been given a unique opportunity so soon in his career.
“Most of the other cases I’m working on are mundane in comparison, like car accidents, medical malpractice, personal injury and product liability. This case is highly visible with a defendant that’s going before a congressional committee and on national television,” he said.
Bauer also said he realizes being a junior member of the litigation team will come with its own set of responsibilities.
“My boss got to fly to Hawaii to meet the plaintiffs before he took the case, but I know if there are any depositions that need to be taken in Afghanistan, I’ll be packing my bags,” he said.