It is interesting to me that the judge did not set a hearing date... What he has here is a really slippery can of worms with the potential to create a legal crises of unprecedented magnitude - and I suspect he is hoping for rescue from a higher court or from the Congress before he has to rule...
Follow me through, here...
Ignoring the enticing issue of double dipping (which is the whole point of the Silversomething suit - to get more money without having to work for it) what is the core issue facing the judge?
Well, if the suit does go to trial and Silversomething does get permission to raid the airline's insurance company based on the premise that the airline has a duty to foresee and prevent all criminal acts that result in injury or loss to others then the entire insurance industry collapses...
Why?, you ask quizzically...
If that becomes the legal standard, then every time a pizza parlor is stuck up and the robbers rush across the street with their $102 in loot causing a soccer mom to crash her SUV into a taxicab to avoid hitting them, then the pizza parlor/insurer is liable for the damaged vehicles, whiplash, and loss of consortium for the crashors and crashees, as well as the PTSD of every person on the street who witnessed said horrific scene...
i.e. the pizza parlor (and it's insurer) are liable because they failed to prevent the crime from taking place in the first place..
Being that society has not found a way to prevent crime since societies were first formed a couple million years ago (as tribes squatting in caves) this is quite a legal burden to put on businesses... But wait, there's more...
Oh well, you shrug, not my problem, I'm not in business..
Ah yes, Virginia, there is no Santa Claus - because the instant it is ruled that the airlines are responsible to prevent a crime now matter how ingenious the criminal, then the guy who breaks into your house and steals your big screen TV then crashes into another car and kills the occupants while fleeing from the police (with your TV) YOU become responsible for having not prevented the crime,,,
Now some barrister will jump in here poo-pooing me and saying I don't have a clue, that cannot possibly happen... I am here to tell you that in my observance of the changing of the legal and societal mores in this country since WWII, that it not only can happen, but it will happen if there is said ruling sent down from that court... Law suits that are considered just routine today, had they been filed in a court in my youth, the incredulous jurist would have wet himself laughing, just before he bellowed, "get his crap out of my court and don't come back with it, ever" and slammed the gavel down... Today the most incredible suits are filed and the court's clerk yawns as she enters them into the register...
As Smokey the pot blowing bear says, Only YOU can prevent crime...