First Circuit Revives Pilot’s New Trial Bid in Helicopter Engine Flameout Case Based on Undisclosed Bulletins

First Circuit Revives Pilot’s New Trial Bid in Helicopter Engine Flameout Case Based on Undisclosed Bulletins

The U.S. Court of Appeals for the First Circuit vacated a district court’s denial of a helicopter pilot’s motion for a new trial against Bell Helicopter Textron, Inc., Rolls-Royce Corp. and Goodrich Pump and Engine Control Systems, Inc. based on the trial judge’s failure to shift the burden to the defendants to show by clear and convincing evidence that bulletins issued by defendants shortly after trial addressing “false overspeed activation” of the helicopter’s solenoid – the basis for the pilot’s claims – but not produced during discovery would have been inconsequential to the jury’s verdict.  The First Circuit remanded the case, with “observations”, to the trial judge for further proceedings on the new trial motion. [8/25/15]

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