ADAM A.

EDWARDSDIRECT FAX: (913) 696-7285

DIRECT: (913) 696-7185E-MAIL: aedwards@bspmlaw.com
9401 INDIAN CREEK PKWY. STE. 1200 OVERLAND PARK, KS 66210
TEL: (913) 696-7000 FAX: (913) 696-7070
WEBSITE: www.blackwellsanders.com

OP-260338-1
K A N S A S C I T Y , M I S S O U R I  S T. L O U I S , M I S S O U R I  O V E R L A N D PA R K , K A N S A S  O M A H A , N E B R A S K A
S P R I N G F I E L D , M I S S O U R I  E D WA R D S V I L L E , I L L I N O I S  WA S H I N GT O N , D . C .  LO N D O N , U N I T E D K I N G D O M
A F F I L I AT E S : L E E D S  M A N C H E S T E R  M E X I C O C I T Y  M O N T R E A L  T O R O N T O  VA N C O U V E R
 October 11, 2001

VIA FACSIMILE # 865-602-7979

Ms. Carolyn Jensen

Office of Senator Bill Frist
12 Oaks Executive Park
Building 1, Suite 170
5401 Kingston Pike
Knoxville, TN 37919

Re: World Trade Center

Our File: 2178-15

Dear Carolyn:

It was a pleasure speaking with you yesterday. I am glad to hear everything is going
well. Congratulations again on Senator Frist’s re-election.

As we discussed, my colleagues and I are somewhat confused regarding the interpretation

of a certain provision of the Air Transportation Safety and Systems Stabilization Act.
Specifically, Section 408(3) states:

JURISDICTION – The United States District Court for the

Southern District of New York shall have original and exclusive
jurisdiction over all actions brought for any claim (including any
claim for loss of property, personal injury, or death) resulting from
or relating to the terrorist-related aircraft crashes of September 11,
2001.

This provision seems to imply that the Southern District of New York has exclusive
jurisdiction over any lawsuit brought by any party if it arises out of the crashes of September 11.
However, the other provisions of the Act seem to indicate that these provisions are only
applicable to individuals who were present at the World Trade Center or the site of the aircraft
crash at Shanksville, Pennsylvania and suffered harm or death as a result of the crashes. The
specific issue I need to address is whether Section 408 applies to lawsuits brought by individuals

OP-260338-1
Ms. Carolyn Jensen
October 11, 2001
Page 3

or businesses who were not present at the sites of the attacks (i.e., companies wishing to pursue
subrogation claims for property damage).

I fully understand that the Senator is extremely busy right now, but any assistance he
could provide regarding this issue would be greatly appreciated. Please tell Senator Frist that I
wish him the best. Thanks again, and I look forward to speaking with you again soon.

Very truly yours,

Adam A. Edwards

AAE/kk

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