Justia Aviation Opinion SummariesArticles Posted in Aviation
Professional Airline Flight Control Association v. Spirit Airlines, Inc.
The Professional Airline Flight Control Association complained that Spirit is attempting to change its agreement. Spirit responded that its unilateral decision to open a second operations control center is permitted by the parties’ agreement. The district court agreed with Spirit that this dispute is minor and dismissed the action for lack of subject-matter jurisdiction. The Eleventh Circuit affirmed. The court explained that the Railway Labor Act, 45 U.S.C. Section 151 et seq., divides labor disputes into two categories: disputes over the interpretation of an existing agreement are “minor” and resolved exclusively through binding arbitration, and disputes over proposed changes to an agreement or over a new agreement are “major” and addressed through bargaining and mediation. During a major dispute, district courts have subject-matter jurisdiction to enjoin violations of the status quo. But district courts ordinarily lack jurisdiction over minor disputes. Accordingly, the court affirmed the district court’s dismissal. View "Professional Airline Flight Control Association v. Spirit Airlines, Inc." on Justia Law
In re: Flyers Rights Education Fund, Inc.
Flyers Rights and its current president have taken aim at the small size of airline seats. In their view, small seats slow emergency evacuations and cause medical problems like blood clots. They have petitioned for a writ of mandamus ordering the FAA “to commence rulemaking to establish minimum seat size and spacing requirements for commercial aircraft and to issue a final rule by a date certain.” The DC Circuit denied Flyers Rights’ petition. The court held that Flyers Rights lacks a clear and indisputable right to relief. That’s because the FAA Reauthorization Act speaks only of seat-size regulations that “are necessary for the safety of passengers,” and on the record before the court, the necessity of those regulations is neither clear nor indisputable. View "In re: Flyers Rights Education Fund, Inc." on Justia Law
Yates v. City of Chicago
From 1993-2017, Chicago treated O’Hare Airport aviation security officers as law-enforcement personnel, able to make arrests while employed and carry concealed firearms after retirement. The officers were unarmed and reported to the Commissioner of Aviation rather than the Chief of Police. In 2017 Chicago concluded that they are not law enforcement personnel. The Illinois Labor Relations Board sustained the decision. Neither the union nor any of its members contested that decision in state court. Three aviation security officers filed a federal suit, contending that the reclassification violated the Due Process Clause.The Seventh Circuit affirmed the dismissal of the suit. There is no “fundamental right” to be a law enforcement officer. Although the Chicago Code says that the officers “shall be sworn in as special policemen,” the process due for any violation of state or local law or of a collective-bargaining agreement is the opportunity to sue in state court. The union bypassed that opportunity in 2018. A suit under 42 U.S.C. 1983 is not a way to supersede that decision. The collective-bargaining agreement does not promise that aviation security officers will remain law enforcement officials and the correct entity to seek review was the union, not individual members. The court upheld a $40,0000 award of costs. View "Yates v. City of Chicago" on Justia Law
Flt Training Intl v. FAA
This case concerns rules and regulations issued by the Federal Aviation Administration (FAA) governing two types of pilot credentials: airline transport pilot (ATP) certificates, which enable pilots to fly for airlines, and type ratings, which authorize pilots to command complex, “type-rated” aircraft. Flight Training International, Inc. (FTI), a provider of flight training courses, wants to offer a course that uses type-rated aircraft but culminates in the issuance of an ATP certificate without a type rating. A rule (Rule) issued by the FAA in 2020 prohibits it from doing that, so FTI petitioned us to set aside the rule. FTI argued that the rule effectively amends portions of 14 C.F.R. pt. 61, and, therefore, should have been promulgated only after notice and comment in accordance with the Administrative Procedure Act (APA). The Fifth Circuit agreed and granted the petition. The court explained that the Must-Issue Rule is a legislative rule, but it was not promulgated after notice and comment as required by the APA. Because the Rule was issued “without observance of procedure required by law,” FTI’s petition must be granted, and the Rule set aside. In light of this disposition, the court did not reach FTI’s alternative argument that the Rule is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.” View "Flt Training Intl v. FAA" on Justia Law
SAVE OUR SKIES LA V. FAA, ET AL
The two procedures at issue are the HARYS FOUR departure procedure at Van Nuys Airport, and the SLAPP TWO departure procedure at Burbank Airport. Petitioner contends that the FAA failed to sufficiently analyze the procedures, in violation of the National Environmental Policy Act (“NEPA”), the Administrative Procedure Act, and section 4(f) of the Department of Transportation Act of 1996. The key issue is the timeliness of Petitioner’s challenges. Petitions for review of FAA orders must be filed within 60 days after the order was issued, or where there are “reasonable grounds” to excuse a delay in filing. 49 U.S.C. Section 46110(a). The Ninth Circuit denied in part and dismissed in part the petition for review brought by an association of nearby residents challenging the FAA orders. The panel held that the statutory “reasonable grounds” exception did not apply. A petitioner’s own mistake cannot excuse its delay in filing. The panel further held that the FAA’s alleged violative conduct did not toll the statute of limitations for filing the petition. Petitioner cannot circumvent the strict time limits imposed by section 46110 simply by invoking the Administrative Procedure Act. The panel concluded that the petition of review of HARYS ONE and SLAPP ONE was untimely, and it dismissed the petition for review insofar as it challenged those orders. View "SAVE OUR SKIES LA V. FAA, ET AL" on Justia Law
Day v. SkyWest Airlines
Kelly Day appealed the district court’s dismissal of the diversity action she filed against SkyWest Airlines for personal injuries she allegedly sustained when a SkyWest flight attendant carelessly struck her with a beverage cart. The district court granted SkyWest’s motion to dismiss the action as preempted under the Airline Deregulation Act (“ADA”), which preempted state laws “related to a price, route, or service of an air carrier.” The Tenth Circuit Court of Appeals concurred with sister circuits that personal-injury claims arising out of an airline employee’s failure to exercise due care were not “related to” a deregulated price, route, or service. Therefore, the Court reversed the district court’s dismissal of Day’s action and remanded for further proceedings. View "Day v. SkyWest Airlines" on Justia Law
Frey v. Town of Jackson, WY, et al.
As Plaintiff William Frey proceeded through the Transportation Security Administration (“TSA”) checkpoint at Jackson Hole Airport in Teton County, Wyoming, the body scanner alerted TSA screeners to a potentially suspicious area on Plaintiff’s person. When the security screeners informed Plaintiff that they would have to conduct a pat down, Plaintiff became agitated and repeatedly refused to cooperate. So the security screeners summoned a police officer, Defendant Nathan Karnes, who arrested Plaintiff. After being transported to the Teton County Jail for booking, Plaintiff continued his noncooperation, refusing to participate in the booking process and demanding that jail officials allow him to have an attorney present. Jail officials detained Plaintiff for about three hours before releasing him. Plaintiff sued under 42 U.S.C. § 1983 and state law, alleging many violations of his rights. The district court dismissed Plaintiff’s federal claims under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim, denied leave to file a second amended complaint, declined to exercise supplemental jurisdiction over the remaining state-law claims, awarded attorney’s fees to the Municipal Defendants, and sanctioned Plaintiff’s attorneys. Plaintiff appealed, arguing that some of his claims should have survived dismissal, that the district court should have permitted him to add some of his new proposed claims in a second amended complaint, and that the district court should not have awarded any attorney’s fees. Finding no reversible error, the Tenth Circuit affirmed the district court. View "Frey v. Town of Jackson, WY, et al." on Justia Law
Ilczyszyn v. Southwest Airlines Co.
Southwest Airlines passenger Ilczyszyn suffered a massive pulmonary embolism while locked inside an airplane lavatory during the final stages of a flight from Oakland to Orange County. Rather than treating Ilczyszyn’s circumstances as a medical emergency, the flight crew perceived him to be a security threat; he did not receive medical care until after the flight had landed and the other passengers had disembarked. By then, he had gone into cardiac arrest. Although he was resuscitated, he later died in a hospital.A jury found that Southwest was negligent but found against the plaintiffs on the issue of causation. The court of appeal affirmed. The trial court properly found that Southwest was immune from liability under both 49 U.S.C. 44941 (Aviation and Transportation Security Act), and Civil Code section 47(b) for any act or omission occurring after the flight crew decided to treat Ilczyszyn’s medical emergency as a security threat. The court rejected arguments that these statutory immunities apply only to the actual disclosure of a security threat, not to conduct associated with such disclosures, and that the immunity is inapplicable here because the gravamen of their case was based solely on the flight crew’s negligent failure to identify the medical emergency. View "Ilczyszyn v. Southwest Airlines Co." on Justia Law
Posted in: Aviation, California Courts of Appeal, Personal Injury
City of Scottsdale, Arizona v. FAA
The city of Scottsdale, Arizona filed a petition challenging the Federal Aviation Administration’s approval of certain east-bound flight paths out of the Phoenix Sky Harbor International Airport, claiming the flights resulted in injury to the city because planes flying along those routes produce noise and pollution on property that the city owns.The D.C. Circuit denied Scottsdale's petition, holding that, while this is the type of harm that could confer standing, Scottsdale was unable to identify evidence proving the city suffered actual harm. The City presented no evidence of increased noise or pollution. View "City of Scottsdale, Arizona v. FAA" on Justia Law
Ydil Pham v. NTSB
Petitioner is an experienced airline pilot. When he was interviewing for a new position, he was asked to take a urine test. Unable to provide an adequate sample, Petitioner left the site. Under FAA guidelines, walking out before providing a drug test sample is considered a refusal. The potential employer reported Petitioner's refusal to the FAA. The FAA sought to revoke Petitioner's pilot and medical certifications. However, at a hearing in front of the National Safety Transportation Board, the Board agreed with the FAA in sustaining the refusal, but reduced Petitioner's sanction to a 180-suspension.The D.C. Circuit denied Petitioner's petition for review, finding that by walking out before providing a sufficient urine sample, Petitioner's conduct was properly considered a refusal. In so holding, the court noted that the trial court credited the FAA witnesses while questioning the veracity of Petitioner's testimony.The D.C. Circuit also granted the FAA's cross-petition, finding that the Board was required to defer to the FAA under these circumstances. View "Ydil Pham v. NTSB" on Justia Law