Aviation Legal Case Studies


Legal Matters Case Studies

Below you will find a number of cases from DUI to falsifications. These cases will give you a sense on how cases are prosecuted what type of cases comes before the FAA and NTSB. If you would like to add to this section please let us know. We will continue to add cases to this section.

Click	Date	General Information About Cases	Name
4558	6/19/97	third class medical certificate, denial of; previous certificate denied because of same medical condition; res judicata	Peterson, Roger A.
4559	6/17/97	appeal, dismissal of brief, failure to file	Leone, Michele
4560	6/17/97	appeal, dismissal of brief, failure to file	Zachary, Francis C.
4561	6/17/97	modification of reference in footnote to correct statutory citation	Gotisar, Arthur Christian
4562	6/24/97	appeal, withdrawal of appeal, dismissal of	Tucker, John Patrick
4563	6/24/97	appeal, withdrawal of appeal, dismissal of	Chidester, Kenneth
4564	6/27/97	mechanic certificate; intentional falsification; maintenance logbook; airworthiness directives, compliance with; credibility; intent to deceive	Anderson, Wayne Dillon
4565	6/27/97	ATP; flight instructor; intentional falsification of ratings applications for others; credibility; designated pilot examiner; intent to falsify, lack of; documentary versus testimonial evidence, relative weight to	Crocker, Grover C.
4567	7/7/97	mechanic certificates; SaberTech; intentional falsification of engine maintenance records; mechanics allegedly performing work not capable of being performed by them; sign-off by inspector for work not performed; incomplete work; work not in accordance with procedures or manual; stale complaint; US airworthiness certificate, requirement for proof of when challenged; credibility; materiality of false statement	Hinesly, Jimmy D.; Gallucci, Gerard J.; Alvaro, Carmen J.; Nunes, James W.;
4571	7/11/97	air carrier operating certificate; civil penalty; sanction modification by ALJ; maintenance deficiencies by carrier; use of maintenance director's errors to show carrier's lack of adequate program; test is did carrier know or should have known.	Rasmark Jet Charter, Inc.
4572	7/18/97	CP; FI; GI; aircraft operations without current medical certificate; discovery; ALJ order disallowing evidence not presented during discovery; no offer of proof made; predisposition to violate rules; exercising flight privileges that have been taken away.	Scott, Adrian Jon
4573	7/18/97	stay, denial of because order was effective when stay request was received	Cimmarusti, Stephen G.
4575	7/25/97	A & P mechanic; part 121; failed to log maintenance; seriousness of underlying equipment problem does not affect duty to log work mechanic does	Anderson, James C.
4576	7/25/97	Appeal, dismissal of; appeal, withdrawal of	Broadbent, Russell M.
4577	8/15/97	summary judgment; counsel’s late filing and confusion do not excuse failure to answer emergency order; emergency time limits	Heidenreich, Patrick
4578	8/8/97	waived emergency; intentional falsification on medical application admitted	Fleming, Steven P.
4579	8/6/97	substitution of Jane F. Garvey as Administrator
4580	8/29/97	felony drug conviction; propriety of revocation as sanction; cocaine in aircraft	Daniel, Richard
4581	8/29/97	motor vehicle action, definition of; deference to FAA’s interpretation of its rule; NTSB lack of jurisdiction over reasonableness or constitutionality of FAA rules	Kraley, Robert R.
4582	9/5/97	airworthiness; tail strike; failed to document work in log; credibility; logbook entries, time in which must be made; crew’s obligation to log; "reasonable" time to make entries	Rigg, Peter D.; Sossaman, John E.;
4583	9/12/97	flight for conpensation; skydiving flight	Rawlins, Robert R.
4584	8/27/97	appeal, dismissal of; brief, failure timely to file	Friend, Joseph J.
4585	8/28/97	appeal, dismissal of; appeal, failure timely to file	Hoffman, Dalton C. Acute Care Transport
4586	9/12/97	appeal, dismissal of for lack of proper party status; intervenor may not appeal; standing to appeal, lack of	Zeus Enterprise, Inc
4587	8/28/97	appeal, dismissal of; appeal, withdrawal of	Cepress, James A.
4588	9/5/97	petition for reconsideration, denial of; stale complaint rule, good cause delay in prosecution exception and public interest exception	Gotisar, Arthur Christian
4589	9/12/97	IA; airworthiness; qualification of expert witness; weight of expert evidence	Brown, Gary D.
4590	9/10/97	felony drug conviction; marijuana; summary judgment; stale complaint rule	Hale, Marc Donald
4591	9/18/97	tree strike; carelessness; recklessness; NOTAM;	Larson, Alan G.
4592	9/24/97	felony drug conviction; summary judgment; constitutional issue; double jeopardy; due process; equal protection; selective prosecution	McCullough, Perry A.
4593	9/19/97	appeal, withdrawal of; appeal, dismissal of	Larivee, Sean M.
4595	9/19/97	ATP; clearance deviation; fuel mismanagement; inadequate fuel; fuel reserve required, evidence to prove; failed checkrides; later successful proficiency checks do not outweigh lack of care and judgment; credibility; ALJ discretion in admission of evidence or in discovery; turning off transponder to elude detection of altitude deviations	Eden, Chris
4596	9/26/97
4597	10/1/97	use of fuel and oil drums in cargo to replenish aircraft in flight; credibility; alteration of aircraft, definition of; temporary storage of lines is not an alteration; independent carelessness charge argued on appeal not upheld because not argued in complaint or before ALJ	Livingston, Larry D.
4598	10/7/97	stay, grant of	Gotisar, Arthur Christian
4600	10/8/97	motion to dismiss; summary judgment ; prima facie case; mechanic certificate; testimony that "loose" emergency door handle in Cessna is not sufficient proof that aircraft was unairworthy; dissent	Buckel, Paul
4601	10/30/97	appeals, withdrawal of; appeals, dismissal of	Stewart, Allen F.
4602	10/30/97	appeal, withdrawal of; appeal, dismissal of	Clayton, Miles H.
4603	11/12/97	airworthiness; carelessness; preflight, cockpit check procedures; MEL; Part 121; ATP; take off with illuminated door warning light; E/E door; relevance of operating manual to conducting preflight check; inadequate preflight; unreasonable reliance on another to check door	Cox, Michael; Behnken, James;
4604	11/21/97	CP Act; hearing limited to sanction; deference to FAA; sanction guidance table indicates 15-30 days; post hoc justification by counsel not convincing	Karns, Richard D.
4605	11/14/97	stale complaint rule; summary judgment ; conspiracy to distribute cocaine; double jeopardy; ex post facto	Sardina, Jose Antonio
4606	11/19/97	Hawaii sightseeing tour; low flight; respondent seeks civil penalty	Phelps, Joseph P.
4607	11/21/97	Part 121; ATP; deference due FAA; CP Act; sanction sought was inconsistent with sanction guidance table and no explanation for sanction choice offered	Peacon, Robert C.
4608	11/26/97	EAJA; substantial justification; reasonableness of assuming the reliability of DEA records; reliance on circumstantial evidence of intentional falsification; actions of respondent’s counsel not so egregious to deny award	Stewart, Theodore J.
4609	12/12/97	preflight preparation; fuel exhaustion; fuel mismanagement; due process; practice and procedure; propriety of ALJ receiving ASRP receipt in evidence; definition of "in the vicinity of an airport"; carelessness finding does not require proof of actual or potential endangerment	Money, James D.
4610	12/12/97	appeal, withdrawal of; appeal, dismissal of	Neale, Andrew
4611	12/12/97	appeal, withdrawal of; appeal, dismissal of	Hubbard, Erin S.
4612	1/21/98	EAJA; on remand from Ninth Circuit; discussion of differences between agency EAJA jurisdiction and court EAJA jurisdiction; fee caps; bad faith of government; reasonable market rate determined to be rate charged ($150) rather than $300; hours reduced; billing for stricken briefs disallowed	Mendenhall, Bonnie Lee
4613	1/9/98	Part 121; jet blast; debris damage to parked cars not foreseeable; dissent	Sloan, Peter L.
4614	1/21/98	EAJA; substantial justification; propriety of sought sanction	Briggs, Robert M.
4615	1/14/98	reconsideration, denial of; res judicata	McCullough, Perry A.
4616	1/22/98	authorization to operate as pilot in command; new evidence; Part 135	Stein, Hadi
4617	1/23/98	EAJA; substantial justification; calculation of effect on award when sanction substantially reduced; ALJ calculation based on percentage of violations sustained is affirmed, although weak	Allen, Lee H.
4618	1/14/98	appeal, dismissal of; brief, failure to file	Kretzer, Carl S.
4619	1/23/98	mechanic certificate; A+P; weight of evidence; record keeping; maintenance; inadequate inspections; IA	Baer, Wayne H.
4620	1/20/98	medical certificate; notice of appeal, late filing of; appeal, dismissal of	Foreman, Carl
4621	2/5/98	Part 121; pilot’s son on flight deck; admission to flight deck; credibility; deference to FAA; sanction guidance table; CP Act	Murphy, Richard L.
4622	2/17/98	parachute jump; visibility; clouds; stale complaint rule; weight of evidence; exclusion of exhibits; ALJ discretion; duty of pilots in jump decision	Smith, Christopher
4623	3/5/98	petition for reconsideration, denial of; sanction, waiver of; motion to strike, denial of; deference to FAA; sanction guidance table is written agency policy guidance; litigating positions not necessarily validly adopted interpretation	Gartner, Carlos Ernesto
4624	3/12/98	pro se; summary judgment; intentional falsification; issue of knowledge of falsity requires evidence and opportunity for respondent to persuade trier of fact where he denies allegation	Niehans, Brett Gene
4625	2/6/98	appeal, withdrawal of; appeal, dismissal of	Eubank, Terry W.
4626	2/6/98	appeal, withdrawal of; appeal, dismissal of	Portier, Denis A.
4627	2/6/98	appeal, withdrawal of; appeal, dismissal of	Johnson, Deborah; Garcia, Emilio M.; Bendorf, Charles;
4628	2/6/98	appeals, withdrawal of; appeals, dismissal of; EAJA	Boschoff, Edwin R.
4629	2/6/98	appeal, withdrawal of; appeal, dismissal of	Bradford, Frederick M.
4630	2/10/98	appeal, dismissal of; notice of appeal, late filing	Plunk, Gerald F.
4631	2/17/98	parachute jump; visibility; clouds; duty of pilot in jump decision; deference due FAA for validly adopted interpretations of regulations	Foss, James Kelly
4632	2/24/98	no clearance; operation contrary to ATC instruction; confusion from ATC non-standard language; failure to read back clearance	Salten, Howard
4633	2/11/98	sanction waiver, standards for; inadvertence, discussion of	Meacham, Robert M.
4634	2/18/98	logbook endorsements; flight instructor limitations; logbook certifications; recordkeeping	Couillard, Bruce R.
4635	2/26/98	pro se; summary judgment; drug cocaine conviction; relationship of FAA statute to Anti-drug Abuse Act’s provisions protecting Federal benefits to protected witnesses	Ortiz, David
4636	2/19/98	motion to dismiss based on late appeal; due date for emergency appeal; waiver irrelevant if after due date; no good cause	Lowe, Jon M.
4637	2/23/98	reconsideration, denial of	Larson, Alan G
4638	2/20/98	hot air balloon; airworthiness; hole in basket; informal conference; due process; practice and procedure; FAA authority to suspend licenses; deference to FAA sanction; sanction guidance table; credibility; willful disregard of safety; dissent	Windwalker, David
4639	3/3/98	low flight; helicopter; aerobatics; minimum safe altitude; credibility; due process; practice and procedure; access to witnesses in advance of hearing	Lebron, Arturo Jr.
4640	3/2/98	due process; practice and procedure; discovery time; credibility; hearsay	Aarvik, Thomas
4641	2/20/98	stay, grant of.	Murphy, Richard L.
4642	3/16/98	medical certificate, qualifications for; NTSB jurisdiction; motion to dismiss for lack of jurisdiction; Federal Air Surgeon’s failure to act on application as de facto final denial by Administrator; show cause order; personality disorder	Propst, Elmer Allen
4643	3/17/98	unairworthy aircraft; airworthiness; inadequate repairs; flying of unairworthy aircraft without ferry permit; standard of care when both mechanic and PIC	Alphin, Thurman S.
4644	3/18/98	parachute jump in path of another aircraft; credibility of directly conflicting testimony	Woermann, Peter S.
4645	3/16/98	reconsideration, denial of; Errata; deference to FAA, discussion of FAA evidentiary obligations to invoke	Kimsey, Charles Neil
4646	3/13/98	EAJA appeals, dismissal of; EAJA appeals, withdrawal of	Broadbent, Russell M.
4647	3/26/98	Part 135 requirement for compensation; flight for owner and nonpaying guests to Sugar Bowl; pilot unqualified; credibility; weight of evidence	Hamilton, Jay M.
4648	3/27/98	propeller repair station certificate; stale complaint; intentional falsification; operating aircraft while certificate suspended; lack of qualification; installation of improper parts; credibility	Thunderbird Propellers, Inc.
4649	4/3/98	appeal, dismissal of; brief, failure to file	Macuen, George L.
4650	4/24/98	Part 135 flight; passenger carrying; unairworthy; airworthiness; right seat not upright and door popping open; credibility	Somers, Robert J.
4651	4/15/98	reconsideration; denial of; respondent’s failure to appeal removes any right to challenge decision on appeal via a petition for reconsideration	Peacon, Robert C.
4652	4/16/98	EAJA; reconsideration, denial of	Stewart, Theodore J.
4653	4/30/98	takeoff in below IFR minimums; passenger carrying Part 121 flight; reasonable reliance on station agent for weather info; use of official weather info	Schneider,Jim W.
4654	4/28/98	conspiracy to possess and distribute cocaine; felony drug conviction; propriety of sanction; ex post facto laws	Serrato, Rafael
4655	4/17/98	appeal, dismissal of; brief, failure timely to file without good cause	Miller, Leonard P.
4695	8/31/98	stale complaint rule; DUI; DWI; alcohol; failure to report driving conviction; motion for summary judgment; FAA prosecution within reasonable time from discovery	Ikeler, Ronnie Dee
4656	4/29/98	balloon flight; low flight in congested area; collision hazard; deliberateness as disqualification for ASRP/ ASRS waiver; dismissal of one low altitude charge; interpretation of power unit failure in balloon case; emergency defense rejected	Blose, Gerald Thompson
4667	6/12/98	rejection of supplemental brief; practice and procedure; take off into icing conditions; cargo Part 135; AIRMET; SIGMET; weather	Watkins, Christopher Lacy
4669	6/16/98	passenger carrying Part 135 flight; altitude deviation; intentionally turned off transponder; potntial endangerment; carelessness as residual; ASRP refused due to intentional act	Wilbur, Richard Ray
4678	6/29/98	refusal to submit to alcohol test; reasonable suspicion alcohol test; stale complaint rule; modification of complaint 5 days before hearing; due process and procedure; ALJ discretion to allow complaint amendment	Pittman III, Chester A.
4679	7/2/98	passenger-carrying flights for compensation when pilot not qualified and aicraft not certificated; Part 135 vs. demonstration flights to sell shares in aircraft; credibility; carelessness as residual with no need for proof of unsafe operation; sanction deference; precedent review; seperate concurrence from Francis, Hammerschmidt, Goglia	Tsosie, Fred Mead
4685	8/14/98	pro se; minimum safe altitude; low flights; independent vs. residual carelessness (dicta)	Abou-Sakher, Rock
4688	8/14/98	transportation of marijuana aboard aircraft for distribution; credibility; no criminal conviction cited or necessary when respondent admits statutory prerequisite	Gunder, Dennis J.
4695	8/31/98	stale complaint rule; DUI; DWI; alcohol; failure to report driving conviction; motion for summary judgment; FAA prosecution within reasonable time from discovery	Ikeler, Ronnie Dee
4696	9/11/98	fuel exhaustion; forced landing; preflight preparation; fuel requirements for IFR	Knapp, Gary L.
4711	10/21/98	passenger carrying flight; lack of required rating and biennial flight review; gear up landing; deference on sanction	Marcussen, Alfred J.

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