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CD Court of Appeals agreed with the NTSB, finding that the pilots were not prevailing parties in the case since it was withdrawn rather than adjudicated.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.

FMI: www.dcappeals.gov, www.faa.gov, www.ntsb.gov