UPS says it’s not Kentucky-based as attorney in crash lawsuits argues company is avoiding Louisville jury

LOUISVILLE, Ky. (WDRB) — Families of victims killed in the deadly UPS cargo plane crash are now fighting a legal battle over where their lawsuits against UPS will be heard.

Attorneys representing five families who lost loved ones in the crash said progress in the case has stalled because UPS is trying to move the lawsuits out of Jefferson Circuit Court and into federal court.

"It seems like it was really convenient for them to be a Louisville partner and citizen until we decided to sue them and want to put them in front of a Louisville jury," said attorney Sam Aguiar.

In court filings, UPS argues the company's principal place of business is in Atlanta, Georgia, making federal court the proper venue.

"It is clear that Atlanta, Georgia, remains the nerve center and principal place of business of UPS Co.," UPS wrote in its filing.

UPS’ filings align with its latest Securities and Exchange Commission (SEC) report, which lists Atlanta as the company's principal executive office.

"The big mothership UPS may have a president or CEO that’s down in Georgia, but that's immaterial when it comes down to this situation right here," Aguiar said.

The families are suing both UPS Inc. and UPS Air., Aguiar is arguing the airline is Kentucky based.

Aguiar pointed to UPS Worldport — which employs around 20,000 people in Louisville — along with the company’s corporate office on North Hurstbourne Parkway and FAA filings connecting its flight operations to Kentucky.

NTSB Preliminary report | Victims identified | What's next

UPS Flight 2976 crashed just after takeoff from Louisville Muhammad Ali International Airport on Nov. 4, 2025, after its left engine and pylon separated during takeoff. The McDonnell Douglas MD-11 cargo plane, headed to Honolulu, was carrying a full fuel load for the nearly nine-hour flight when it crashed into businesses just south of the airport.

Fifteen people, including three pilots, were killed in the crash, and 23 others were injured. Among the hardest hit was Grade A Auto Parts, where 12 employees and customers were killed when the plane slammed into the business.

Since the crash, multiple lawsuits have been filed against UPS, Boeing, GE Aerospace and maintenance contractor VT San Antonio Aerospace. In May, 15 additional lawsuits representing more than 100 plaintiffs were filed in Jefferson Circuit Court on behalf of victims' families, injured survivors and business owners seeking damages.

Federal investigators have said fatigue cracks in key engine mount components contributed to the crash. During recent NTSB hearings, investigators questioned Boeing and the Federal Aviation Administration about whether design flaws and inspection failures helped cause the disaster. The NTSB’s final report is not expected for more than a year.

In their response to UPS, attorneys for the victims accused the company of trying to strategically avoid a local jury.

"If that’s not jurisdictional manipulation, it’s hard to imagine what is," the filing states.

When asked about the argument it is making in court, UPS provided the following statement:

"We remain deeply saddened by Flight 2976. Our focus continues to be on supporting those affected and working closely with the National Transportation Safety Board as the investigation continues."

For the families, the decision over where the case is heard could significantly impact the outcome.

"At the end of the day, we have Louisville families here. They deserve to go to downtown Louisville, walk into Jefferson Circuit Court, and be surrounded by a community of their peers," Aguiar said.

Aguiar said the difference between state and federal court can matter because jury rules differ. In Kentucky civil trials, nine of 12 jurors can decide in favor of a plaintiff, while federal civil verdicts typically require unanimity.

"A Louisville jury, obviously, it’s a jury of our peers. This is our community," Aguiar said. "Big companies have their reasons, but they like the unanimous requirement in federal court."

A federal judge will now decide whether the lawsuits stay in Louisville or move to federal court.