Fifth Circuit Seeks SCOTX Input in Flight Attendants’ Boeing Suit

The U.S. Court of Appeals for the Fifth Circuit on Thursday asked the Texas Supreme Court to answer two certified questions in a case where two former United Airlines flight attendants are fighting to revive their lawsuit against The Boeing Company and two other entities over injuries sustained while they were staffing a flight.

Marvin Sanders and Matthew Sodrok allege they were injured in January 2017 when a smoke detector activated, despite the absence of smoke or fire on board, and did so at such a high volume that it burst their ear drums, caused their ears to bleed and left them with permanent hearing loss. On appeal, Sanders and Sodrok argue the district court wrongly dismissed their case for exceeding the statute of limitations without properly applying a jurisdiction-savings statute: Texas Civil Practice & Remedies Code section 16.064.