Justia Aviation Opinion Summaries

Petitioners challenged the FAA's no hazard determinations in 2012 for proposed wind turbines in Nantucket Sound. The court concluded that the FAA could reasonably view its Handbook procedures implementing the Secretary's regulations to establish a threshold finding necessary to trigger a further "adverse effects" analysis; given the record evidence and the level of FAA expertise involved in drawing factual conclusions from the reports, conducting the aeronautical study, and responding to comments, petitioners failed to show that the FAA findings were unsupported by substantial evidence; and petitioners' contention that the FAA was required under the National Environmental Policy Act (NEPA), 42 U.S.C. 4332, to perform or participate in an analysis of the environmental impacts of its no hazard determinations was based on a flawed premise. Accordingly, the court denied the petitions for review. View "Town of Barnstable, MA v. FAA" on Justia Law

American Airlines filed for bankruptcy and implemented a plan to reduce labor costs. Anticipating a reduction in the number of AA mechanics, resulting in reduction in the number of Transportation Workers Union members, the national leadership of that union consolidated local unions and shuttered offices. The district court denied a motion by local unions for a preliminary injunction preventing the consolidation. The Seventh Circuit affirmed. TWU’s actions were within the scope of its authority; TWU reasonably exercised powers granted to it by the TWU Constitution. View "Transp. Workers Union of Am., AFL-CIO Local Unions v. Transp. Workers Union of Am., Int'l " on Justia Law

After plaintiff was criminally charged, plaintiff filed a civil action against United Airlines in state court, alleging that its personnel falsified police reports, falsely diagnosed an epileptic seizure, and threatened him with an ice mallet, among other things. United removed the case to district court on the basis of diversity jurisdiction. The court granted United's motion for summary judgment. Plaintiff then filed the present action against defendant, the Prosecuting Attorney of King County, contending that he had no jurisdiction to file a criminal complaint against plaintiff. Defendant moved for summary judgment, plaintiff did not file any response, and the district court granted the motion. Plaintiff did not file anything further in the district court, and, instead, filed this appeal to the court. The court agreed with plaintiff that, under the Federal Rules, a motion for summary judgment could not be granted based on a failure to file an opposition to the motion, regardless of any local rule that suggested the contrary. However, on the merits, the court affirmed the grant of summary judgment where defendant was entitled to summary judgment based on any of his three arguments presented in his motion. View "Heinemann v. Satterberg" on Justia Law

HAI challenged the FAA's issuance of a rule requiring helicopter pilots to use a route one mile off the north shore of Long Island, New York for the purpose of noise abatement in residential areas. The court concluded that under the plain text of 49 U.S.C. 40103, the FAA had authority to prescribe air traffic regulations to protect individuals and property on the ground and HAI pointed to no express limitations on the FAA's general authority in such matters; HAI's contentions that the FAA's finding that there was noise problem was unsupported by substantial evidence in the record and that the Final Rule was an impermissible deviation from longstanding FAA authority; and the court rejected HAI's remaining arguments. Accordingly, the court denied HAI's petition for review. View "Helicopter Assoc. Int'l v. FAA" on Justia Law

Plaintiffs in Adams v. United States challenged the nonretroactivity and protection-for-compliance provisions of the Fair Treatment for Experienced Pilots Act of 2007 (FTEPA), Pub. L. No. 110-135, 121 Stat. 1450, as well as the FAA's implementation of these provisions. These provisions repealed the "Age 60 Rule" and extended the maximum age for piloting commercial flights by five years. Plaintiffs in Emory v. United Air Lines, Inc., supplemented their constitutional objections with state and federal claims against their employer, United, and their union, ALPA, for advancing allegedly discriminatory interpretations of the nonretroactivity provision they knew to be incorrect. The court concluded that the FTEPA passed constitutional muster and should be interpreted as the Emory defendants have done. Therefore, the court affirmed the district courts' judgments as to all claims not dismissed as moot. View "Emory v. United Airlines, Inc. " on Justia Law

In 2008, Washburn was seriously injured when the door of an airplane hangar, T-hangar 12, blew off and hit her in the face and torso during a storm at an airpark owned by Lawrence County and operated by Attitude Aviation. Watson had leased T-hangar 12 for more than 20 years at the time of the accident; his lease made him responsible for the condition of the hangar. Attitude was never included in any of the hangar lease negotiations or lease renewals. Rejecting Washburn’s suit on summary judgment, the district court held that the County and Attitude owed no duty of care to Washburn because they had no control over the hangar. The Sixth Circuit affirmed. View "Washburn v. Lawrence Cnty. Bd. of Comm'rs" on Justia Law

Crouch was piloting his Piper Lance II single-engine airplane with Hudson as passenger. After losing engine power at an altitude of 5000 feet, and finding it impossible to reach an airport, Crouch made a forced landing in a field near Bardstown. The plane’s engine was manufactured in 1978 and overhauled in 2005, with installation of a rebuilt magneto that allegedly detached, causing the crash. Both occupants survived but suffered serious permanent injuries, including paraplegia. The district court dismissed, on summary judgment, their allegations that the aircraft engine manufacturer was liable for negligently failing to warn airplane owners and operators, and failing to notify regulatory authorities, of defects in the engine and its components, finding that the allegations failed to make out a claim in avoidance of the applicable period of repose under the General Aviation Revitalization Act, 49 U.S.C. 40101. The Sixth Circuit affirmed. Plaintiffs did not show or even allege that a revised overhaul manual contained a substantive alteration that caused harm and the evidence did not support a theory that defendants withheld information. View "Crouch v. Honeywell Int'l, Inc." on Justia Law

In 2003 Federal Air Marshals were told of a potential hijacking plot. Soon after that, the Agency sent an unencrypted text message to the Marshals’ cell phones temporarily cancelling missions on flights from Las Vegas. Marshal MacLean became concerned that this created a danger. He unsuccessfully complained to his supervisor and to the Inspector General, then spoke to an MSNBC reporter. MSNBC published an article, and the Agency withdrew the directive after members of Congress joined the criticism. In 2004, MacLean appeared on NBC Nightly News in disguise to criticize Agency dress code, which he believed allowed Marshals to be easily identified. During the subsequent investigation, MacLean admitted that he revealed the cancellation directive. MacLean was removed from his position for unauthorized disclosure of sensitive security information (SSI). Although the Agency had not initially labeled the message as SSI, it subsequently ordered that its content was SSI. The Ninth Circuit rejected MacLean’s challenge to the order. MacLean then challenged termination of his employment, arguing he had engaged in protected whistleblowing activity. An ALJ and the Merit Systems Protection Board concluded that the disclosure was specifically prohibited by 5 U.S.C. 2302(b)(8)(A) and that unauthorized disclosure of SSI was a non-retaliatory reason for removal. The Federal Circuit vacated and remanded, finding that the Board incorrectly interpreted the Whistleblower Protection Act. View "MacLean v. Dep't of Homeland Sec." on Justia Law

In 2003, Russell, the sole occupant and pilot of an Agusta 109C helicopter, died after his helicopter crashed in Illinois. Russell, a resident of Georgia, was living in Illinois and working for an Illinois air ambulance service operating in the Chicago area. The helicopter was manufactured in Italy in 1989. The trial court dismissed claims against SNFA, a French company that manufactured a custom tail-rotor bearing for the helicopter, for lack of jurisdiction. The appellate court reversed and the Illinois Supreme Court affirmed, noting that Agusta and its American subsidiary, AAC, effectively operated as an American distributor for the tail-rotor bearings in the U.S. market and that SNFA custom manufactured the bearings at issue specifically for Agusta. By engaging a business entity located in Illinois, SNFA undoubtedly benefitted from Illinois’ system of laws, infrastructure, and business climate and has the requisite minimum contacts with Illinois for purposes of specific personal jurisdiction. The exercise of jurisdiction is reasonable; Illinois has an indisputable interest in resolving litigation stemming from a fatal Illinois helicopter accident. View "Russell v. SNFA" on Justia Law

Petitioners sought review of a letter written by the FAA to the City of New York which endorsed a series of recommendations made by a panel of experts regarding the impact of a proposed marine trash-transfer facility on safe airport operations at LaGuardia Airport. The court held that, because the letter was not a final order for purposes of 49 U.S.C. 46110(a), the court was without jurisdiction to review it and, therefore, dismissed the petition. View "Paskar v. USDOT" on Justia Law