Airman Enforcement and Certificate Actions
Litigation before the National Transportation Safety and appeals to the United States Circuit Courts of Appeal of revocation and suspension actions taken against airmen by the Federal Aviation Administration.
Examples include: pilot deviations, allegations of falsified records or applications for airman certificates, allegations of falsified aircraft maintenance records, allegations of low flying over congested areas, allegations of flying unairworthy aircraft, allegations of flying in instrument meteorological conditions without an IFR flight plan, aircraft crashes following fuel exhaustion/starvation, declarations of emergencies created by improper/deficient pre-flight planning, FAA requests for a re-examination of the airman’s qualifications, allegations of counterfeit aircraft parts, and the host of other situations that may result in the FAA issuing an order suspending/revoking an airman’s certificate
Aircraft Acquisitions or Sales
Drafting and negotiating aircraft purchase agreements with consideration given to sales and use tax implications of the transaction, 1031 tax free exchanges, taking delivery of the aircraft in fly away jurisdictions, sale for resale exemption certificates, ensuring that airworthiness discrepancies discovered in a pre-purchase inspection are corrected before closing, and the host of other issues that are presented in aircraft sales and purchases.
Air Crash Litigation
Prosecuting claims for injuries and wrongful death arising out of air crash litigation whether in a general aviation aircraft or air carrier aircraft. Actions against air carriers may be either for domestic air crashes or proceedings under the Warsaw Convention for injuries or death occurring on an international flight. Have been involved in litigation of actions arising out of crashes in Argentina, Canada and Australia. Considerable experience in pursuing claims of product liability against aircraft/component manufacturers. Litigation against FAA certified repair stations for improper repairs resulting in post maintenance crashes.
Structuring Aircraft Flight Departments
Involved in structuring operations of aircraft (particularly turbine aircraft) to avoid pitfalls presented by FAA claims of illegal air taxi operations. Extensive experience in structuring time share, interchange, joint ownership and aircraft lease agreements.
Claims Against Operators of Public Use Airports
Ninety percent of the funds employed in developing, maintaining or repairing public use airports typically are provided by the FAA, with the airport owner/sponsor agreeing to honor FAA Sponsor Grant Assurances. These Sponsor Grant Assurances contain a considerable number of obligations including prohibitions against economic discrimination, prohibitions against fixed base operator enjoying the exclusive right to provide services at the airport, requirements that fixed base operators on the airport pay the same rates and charges, requirements that the airport be maintained suitably by the sponsor, requirements that the sponsor not divest itself of the rights and powers necessary to manage and maintain the airport, and requirements that the sponsor maintain a current Airport Layout Plan. Extensive experience in both Part 16 formal complaints and Part 13 informal complaints to address violations of the FAA Sponsor Grant Assurances. For example, successfully obtained a decision from the FAA to lift the jet ban at Lantana Air Park (KLNA) that had been in force for over 40 years.