Justia Aviation Opinion Summaries

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

The Fifth Circuit granted defendants' motion for a stay of discovery in this class action lawsuit while the court reviews their appeal under Federal Rule of Civil Procedure 23(f). Boeing and Southwest were sued for allegedly conspiring to conceal design defects in Boeing's 737 MAX 8 aircraft and thus defrauding airline ticket purchasers. After considering the Nken factors, the court concluded that Boeing and Southwest have made a strong showing that the court is likely to reverse the class-certification decision because they raised substantial predominance questions regarding damages. Furthermore, defendants have also made a strong showing regarding irreparable harm; plaintiffs have not plausibly alleged that they or any other parties will be irreparably injured by delaying further discovery until the conclusion of the Rule 23(f) appeal; and the public interest supports staying district court proceedings to avoid potentially wasteful and unnecessary litigation costs where, as here, defendants have shown a substantial likelihood of success on appeal. View "Earl v. Boeing Company" on Justia Law

The Texas Workers' Compensation Act (TWCA), Tex. Lab. Code 401.007–419.007, regulates the prices that insurers must pay to providers for various medical services utilized by their beneficiaries, including air transport services. However, those price restrictions conflict with the federal Airline Deregulation Act (ADA), which makes clear that the states "may not enact or enforce a law, regulation, or other provision . . . related to a price, route, or service of an air carrier that may provide air transportation under this subpart." 49 U.S.C. 41713(b)(1).The Fifth Circuit joined its sister circuits, which have unanimously held that the ADA preempts state price caps on air ambulance reimbursements, and that those state price caps are not saved by the McCarran–Ferguson Act. The court disagreed with the Texas Supreme Court, which has reached contrary conclusions by a divided vote. Therefore, in this case, the court affirmed the judgment and held that the TWCA regulations concerning the reimbursement of air ambulance providers like Air Evac are preempted by the ADA, and are not saved by the McCarran–Ferguson Act. View "Air Evac EMS, Inc. v. Sullivan" on Justia Law

This action arose from a dispute over the integration of former TWA pilots into American Airlines' pilot seniority lists. Former TWA pilots filed suit against American and its union under the Railway Labor Act (RLA), seeking to vacate an arbitration award and enjoin its implementation.The Fifth Circuit affirmed the district court's conclusion that former TWA pilots lacked standing to challenge the arbitration award. The court held that Mitchell v. Continental Airlines was controlling in this case and that an individual grievant generally lacks standing to challenge the results of a binding arbitration process where a union has the sole authority to compel arbitration under a CBA formed pursuant to the RLA. The court also held that, to the extent the union permitted modifications to the CBA's grievance and arbitration proceedings, this was not arbitrary, discriminatory, or evidence of bad faith. View "Horner v. American Airlines, Inc." on Justia Law

The Jackson Municipal Airport Authority (JMAA) currently manages the Jackson-Medgar Wiley Evers International Airport, but control would transfer to a new board under Senate Bill 2162, which was recently passed by the Mississippi Legislature. The new board would be structured differently with nine commissioners, rather than the current five. Although Governor Bryant signed the Bill into law in 2016, it has only nominally taken effect. The FAA does not consider disputed airport transfers if there is pending litigation. JMAA and others sued, challenging S.B. 2162 under the Equal Protection and Due Process Clauses, alleging discriminatory purposes. In discovery, Governor Bryant identified Chief of Staff Songy as a person having discoverable knowledge that would tend to support or refute any claim, defense, or element of damages in the case. JMAA moved to compel Songy’s deposition. Governor Bryant sought a protective order, claiming official privilege, which limits depositions. The Fifth Circuit declined to issue a writ of mandamus requested by the Governor. Involuntary depositions of highly-ranked government officials are only allowed in “exceptional circumstances.” A court must consider the status of the deponents, the potential burden on them, and the substantive reasons for taking the depositions; it rare that exceptional circumstances can be shown where the testimony is available from an alternate witness. The court nonetheless noted important aspects of this analysis that the lower court failed to fully consider, including parallel litigation regarding the deposition of legislators. View "In Re: Bryant" on Justia Law

Private persons cannot sue in federal district court to enforce the Air Carrier Access Act of 1986 (ACAA), 49 U.S.C. 41705. Although the Fifth Circuit determined that private persons could sue in federal district court to enforce the ACAA in Shinault v. American Airlines, Inc., 936 F.2d 796, 800 (5th Cir. 1991), the Supreme Court's intervening decision in Alexander v. Sandoval, 532 U.S. 275, 286–91 (2001), mandated a different result. In light of Sandoval, the court joined the Second, Tenth, and Eleventh Circuits and held that the ACAA was enforceable only by the agency charged with administering it because no private right of action exists to enforce the ACAA in district court. View "Stokes v. Southwest Airlines" on Justia Law