Until recently, Wilson Elser represented American Airlines in a lawsuit brought by the family of a 9-year-old girl lured into an airplane bathroom where a flight attendant had rigged his phone to record children. We use the past tense, because American has dropped the Am Law 100 firm in favor of a Texas firm after Wilson argued that the kid “knew or should have known [the bathroom] contained a visible and illuminated recording device.”
Blaming children for sexual abuse is generally frowned upon in polite society, and American Airlines rapidly distanced itself from the lawyers involved. Which is certainly the right public relations move under the circumstances, but… is Wilson Elser getting a bum rap here?
American Airlines employed a flight attendant that the feds charged with “attempted sexual exploitation of children and possession of images of child sexual abuse.” But when the victims approached the company that enabled the alleged abuse, it opted to… fight it out in court? We don’t know the precise communications at play, but outside counsel rarely tells the company, “Hey, I know quietly settling makes a lot of sense, but let’s create a public record of callous obstinance anyway!”
This filing is only made because the company isn’t scrambling to settle. And this is a defense that outside counsel has to assert if the case is going to go to court. Arguing some level of comparative negligence is the minimum required to represent a client that insists on litigating. Because “it didn’t happen” and “we’re not responsible for our employees” aren’t going to get the airline very far.
And not for nothing, but what client lets a consequential filing go out the door without looking at it? This is a sophisticated company with professional in-house counsel. Wilson Elser is taking a big public relations hit over this and is dutifully refusing to comment on these stories, but American Airlines shouldn’t get a pass here.
The client — to borrow a phrase — knew or should have known that this would be the defense if they went ahead and filed.
American Airlines drops law firm that said a 9-year-old girl should have seen camera on toilet seat [ABC News]
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.
