Aviation Law

Introduction — By Phil Kolczynski “Enforcement Survival School” is like finding yourself in Jurassic Park. I’ll let you guess who the dinosaurs are. In Jurassic Park I, a.k.a., “Enforcement Survival School, Part 1,” the lawyer was devoured by “T-REX” right off the “john.” At least, he left the legacy of the “Duct Tape Defense.” In […]

Okay, so far, you’ve followed our advice in Part One of this series: You found a lawyer, used the “Duct Tape Defense,” and managed to keep from incriminating yourself. You’re only getting started, though. At some point you’ll need to rip the tape from your mouth and tell your story. When that time comes you’ll […]

Introduction — Eric Jaderborg While I was working as an FAA inspector, every piece of advice I gave — written or oral — came with an elaborate disclaimer. When I left the agency I thought the need for such measures had passed. Phil, however, suggests that the need has just begun, to wit: DISCLAIMER: The […]

Late last year, a decision was handed down by the first federal appellate court to interpret the General Aviation Revitalization Act of 1994 (GARA), which immunized general aviation manufacturers for defects in aircraft or component parts older than 18 years. The Ninth Circuit Court of Appeals sitting in southern California carved a hole in GARA […]

As anyone who closely followed the saga of the FAA’s certificate action against airshow star R.A. “Bob” Hoover during the 1990s would imagine, the “Hoover Bill” amends the appeal provisions of 49 U.S.C. 44709 (Amendments, modifications, suspensions, and revocations of certificates) to allow a certificate holder to obtain interim review of an FAA emergency revocation […]

Imagine a case where the prosecutor can interpret ambiguous regulations in the middle of the trial and the judge is bound by that prosecutor’s interpretation. Even worse, what if the appellate court is also bound to give deference to the prosecutor’s ad hoc interpretations?1 You say that this cannot happen in the U.S. legal system? […]

On July 13, 1999, the Florida State Attorney’s Office brought criminal charges against SabreTech, Inc. because of the 1996 ValuJet DC-9 disaster. The state prosecutor’s charges include 110 counts of third-degree murder and manslaughter under Florida law against SabreTech, Inc. Apparently no state criminal charges have been filed against any of the executives or employees […]

Interview with the FAA’s Chief Counseland Deputy Chief Counsel This is an edited transcript of meeting held August 17, 1999, at FAA Headquarters in Washington DC. Representing the FAA were Chief Counsel Nicholas Garaufis, Deputy Chief Counsel James Whitlow, and Eliot Brenner from FAA Public Affairs. Representing AVweb were Editor-In-Chief Mike Busch, Executive Editor Jeb […]

On a blustery winter day near the ocean inKitty Hawk, North Carolina, the first aviation accident investigation of a poweredfixed-wing aircraft took place. It happened right after the first powered flight. ButWilbur and Orville Wright had a plan. With that plan they investigated and they learnedand their second flight was a little longer. And the […]

Homebuilts: The New GA Market Homebuilt Litigation Growing Are Homebuilts Covered By GARA? Creation of a Homebuilt Aircraft Who Has  Liability Exposure? Defense #1: Modification Defense #2: Pilot Error Common Homebuilt Myths Exculpatory Agreements “Boilerplate” Disclaimers Conclusion Do you have a dream? Do you: If you pursue this dream, you will probably do so as […]