Noel v. American Airlines, Airport Security

Background

Vermail V. Noel filed the action without a lawyer and was permitted to proceed without paying the filing fee. She alleged that American Airlines and United Airlines airport security negligently failed to protect passengers from hijackers who smuggled weapons onto the airplanes used in the September 11, 2001, attacks. She alleged that her husband, Andy R. Noel, witnessed the attacks, continued working at the site until November 22, 2001, later developed schizophrenia and cholangiocarcinoma, and died from cancer on October 17, 2011. She sought $20 million in damages.

Noel checked the form indicating federal-question jurisdiction and alleged violations of the Fourth and Fifth Amendments. The court concluded that these allegations did not suggest a viable claim under 42 U.S.C. § 1983, a statute that permits claims for violations of federal rights by state actors. The court explained that the defendants were private airline companies and that the complaint did not show either a constitutional violation or action under state law. The court instead understood the complaint as asserting wrongful-death claims under state law or the Air Transportation Safety and System Stabilization Act of 2001. The court also declined to treat the complaint as asserting loss-of-consortium claims.

Standing and Representation

The court addressed whether Noel had standing—the legal ability to bring the claims she asserted. A person who is not a lawyer generally may represent only her own interests. Under the court’s discussion of New York law, only a duly appointed administrator or personal representative of an estate may maintain a wrongful-death action. A self-represented estate representative may proceed only if the estate has no other beneficiaries and no creditors.

The complaint did not allege that Noel had been appointed administrator or personal representative, that she was the estate’s sole beneficiary, or that the estate had no creditors. The court therefore concluded that it appeared Noel lacked standing to assert claims for her husband’s estate.

Order

The court directed Noel to file a written declaration within 60 days showing that she had standing to assert wrongful-death claims for her husband’s estate or distributees. If she wished to continue without a lawyer, the declaration had to address her appointment as personal representative, her status as the sole beneficiary, and the absence of creditors. Alternatively, she could retain a lawyer within the same 60-day period and provide evidence that she had been appointed personal representative.

The court did not dismiss the complaint at that time. It stated that if Noel failed to file the declaration, failed to show standing, or did not have a lawyer appear for her, the complaint would be dismissed for lack of standing without prejudice to refiling the claims through a lawyer. The court also certified that an appeal would not be taken in good faith and denied Noel eligibility to appeal without paying fees.

Disposition

The court ordered Noel to show standing within 60 days or retain an attorney. The order was a threshold ruling about standing and representation, not a decision on whether the airlines were legally responsible for the alleged wrongful death.