United Airlines said in a statement that "this was a tragic event and we are actively working to resolve this case."
United Airlines and Huntleigh USA may assume the burden of proof, according to U.S. District Judge Alvin Hellerstein in a court memo on Sept. 7.
Huntleigh, which Migliori said United Airlines hired for the security checkpoints, did not return a request for comment.
"Very little has been revealed as to what the airlines knew when they knew it and what steps they did take and what steps they could have taken to prevent this," Mike Bavis said. "So we would like those questioned answered publicly."
The Bavis family has been active in remembering Mark, who was a scout for the National Hockey League's Los Angeles Kings, including creating the Mark Bavis Leadership Foundation in his honor.
"I know the answers to those questions but most of the people in the U.S. don't," Mike Bavis said. "We think it's important. This is not a vendetta against the airlines. If the airlines had come clean as to what had happened this would have ended a long time ago for my family."