Justia Aviation Opinion SummariesArticles Posted in US Court of Appeals for the Ninth Circuit
Silbaugh v. Chao
The Ninth Circuit reversed the district court's dismissal of an action alleging that the FAA wrongfully terminated plaintiff. Plaintiff filed her action in the district court within the 30-day statutory limitations period, but she mistakenly named only the FAA and her former supervisor as defendants. Because plaintiff's action alleged claims of discrimination under Title VII of the Civil Rights Act of 1964, she should have named the head of the executive agency to which the FAA belonged, Secretary of Transportation Elaine Chao. After the statute of limitations had expired, the FAA moved to dismiss and Secretary Chao then filed her own motion to dismiss. The Ninth Circuit held that plaintiff was entitled to relation back under Federal Rule of Civil Procedure 15(c)(2). The panel held that the district court adopted an overly technical interpretation of the term "process" as used in Rule 15(c)(2). Rather, the panel held that the notice-giving function of "process" under Rule 15(c)(2) was accomplished whether or not the summons accompanying the complaint was signed by the clerk of court. Furthermore, the requirements for relation back were met here where both the United States Attorney and the Attorney General were sufficiently notified of the action within Federal Rule of Civil Procedure 4(m)'s 90-day period. Accordingly, the panel remanded for further proceedings. View "Silbaugh v. Chao" on Justia Law
Rojas v. FAA
Plaintiff filed suit under the Freedom of Information Act (FOIA) and the Privacy Act of 1974, seeking FAA records related to the Biographical Assessment, a screening tool introduced by the FAA in 2014 as part of the air traffic controller hiring process. The panel affirmed the district court's grant of summary judgment to the FAA based on Exemption 2 of FOIA and Exemption (k)(6) of the Privacy Act, which allowed the FAA to withhold from plaintiff the minimum passing score and plaintiff's own score on the Biographical Assessment. Where FAA employees used personal email addresses to receive information relating to the FAA's change in selecting air traffic controllers, the panel held that plaintiff has carried his burden of showing that the FAA employees' privacy interest in their personal email addresses was outweighed by the robust interest of citizens' right to know what their government was up to in making the changes it did. The court also held that there was no genuine issue of material fact that Exemption 6 does not apply to the personal email addresses of the recipients of the Barrier Analysis document containing FAA information relating to the selection of air traffic controllers. The panel reasoned that the FAA could satisfy its obligation under FOIA by identifying the email recipients by name, instead of revealing the recipients' personal email addresses. In regard to 202 emails withheld by the FAA as agency records, the panel vacated the district court's order and remanded to the district court to apply the second prong of the test set forth in Tax Analysts v. U.S. Dep't of Justice. View "Rojas v. FAA" on Justia Law
Kashem v. Barr
Plaintiffs filed suit challenging both their inclusion on the No Fly List and the sufficiency of the procedures available for contesting their inclusion on the list. The Ninth Circuit affirmed the district court's grant of summary judgment for the government and held that the district court properly rejected plaintiffs' as-applied vagueness challenges. The panel held that the No Fly List criteria are not impermissibly vague merely because they require a prediction of future criminal conduct or because they do not delineate what factors are relevant to that determination. Rather, the criteria are reasonably clear in their application to the specific conduct alleged in this case, which includes, for one or more plaintiffs, associating with and financing terrorists, training with militant groups overseas, and advocating terrorist violence. The panel weighed the Mathews v. Eldridge factors and held that the procedures provided to the plaintiffs were constitutionally sufficient and any error was nonprejudicial. Finally, the panel held that the district court properly dismissed plaintiffs' substantive due process claims for lack of jurisdiction under 49 U.S.C. 46110(a), which places review of TSA orders in the courts of appeals rather than the district court. View "Kashem v. Barr" on Justia Law
Riggs v. Airbus Helicopters, Inc.
The Ninth Circuit affirmed the district court's order granting motions to remand to state court. AHI contended that it properly removed this case to federal court under 28 U.S.C. 1442(a)(1). Plaintiffs had filed suit in state court against the helicopter owners, the Hecker Defendants, and the manufacturer, AHI, after John Udall died in a helicopter crash while touring the Grand Canyon. The panel held that the district court committed no error in finding that AHI was not "acting under" a federal officer by virtue of becoming an FAA-certified Designation holder with authority to issue Supplemental Certificates. In this case, AHI inspected and certified its aircraft pursuant to FAA regulations and federal law and could not make any structural or design changes without the consent of the FAA. The panel joined the Seventh Circuit in concluding that an aircraft manufacturer does not act under a federal officer when it exercises designated authority to certify compliance with governing federal regulations. View "Riggs v. Airbus Helicopters, Inc." on Justia Law
Segalman v. Southwest Airlines Co.
The anti-discrimination prohibition in the Air Carrier Access Act of 1986 (ACAA) is not enforceable through an implied private cause of action. The ACCA prohibits air carriers from discriminating against individuals on the basis of a physical or mental impairment. The Ninth Circuit affirmed the district court's dismissal of plaintiff's claim against Southwest that alleged a violation of the ACCA. The panel joined the Second, Fifth, Tenth, and Eleventh Circuits in concluding that, in light of the ACAA's statutory structure, Congress did not intend to create a private cause of action under the ACAA. Therefore, plaintiff's claim was properly dismissed. View "Segalman v. Southwest Airlines Co." on Justia Law
Barnes v. FAA
Petitioner sought review of the FAA's finding that a new runway project at Hillsboro Airport would have no significant impact on the environment. The Ninth Circuit denied the petition for review, holding that, in adopting the supplemental environmental assessment, issuing the finding of no significant impact, and concluding that the project at the Hillsboro Airport complied with the requirements of the Airport and Airway Improvement Act, the FAA did not act in a manner that was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. View "Barnes v. FAA" on Justia Law