Thu, Jun 10, 2010
DC Court Of Appeals Sides With NTSB In 2008 Case
When the FAA withdrew its license suspension against pilots Mark
Turner and Stephen Coonan, the pilots thought they would be
able to recover their legal fees in the case under the Equal Access
to Justice Act. But Tuesday, a DC Court of Appeals said "not so
much."
The FAA began action against the two pilots in 2008, saying they
had operated an aircraft that was "unairworthy", and had scheduled
the case to be heard before an Administrative Law Judge (ALJ). But
before that hearing could occur, the FAA withdrew the complaint
with no explanation, and the ALJ cancelled the hearing. In neither
instance was it determined whether the dismissals were with, or
without, prejudice.
The online service "Legal" reports that the pilots then sought
to recover their legal fees from the FAA under the EAJA, indicating
they had prevailed in the case. An Administrative Law Judge agreed,
saying the FAA had proceeded on "weak and tenuous grounds", and
that the pilots had obviously prevailed.
But the FAA appealed to the NTSB. The
board held that the pilots were not the prevailing parties, since
the case was never argued. And since the issue of prejudice was not
resolved, the board said the "relationship of the parties" was not
altered.
In the end, the CD Court of Appeals agreed with the NTSB,
finding that the pilots were not prevailing parties in the case
since it was withdrawn rather than adjudicated. It has denied
Turner and Coonan's appeal of the NTSB decision.
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