Tag Archives: law

860 The Edge of Disaster

A guest panel discusses aircraft accidents, air turbulence injuries, airline and airframer culture, pilot training and experience, FAA shortfalls, and other topics that impact the flying public. In the news, the 90-second evacuation rule, the fatal Jeju Air crash at Muan Airport, and Zunum Air’s suit against Boeing for the misappropriation of trade secrets.

Guests

Cover of the book Whiskey Air.

Chris Manno became an Air Force pilot after graduation from college and served seven years as a squadron pilot in the Pacific. He flew as a pilot with American Airlines for 35 years and was a captain for 29 of those years. Over his career, Chris logged over 25,000 hours of jet time. He’s a cartoonist and author of many books. Chris has just written a new book based on actual airline incidents titled Whiskey Air. It’s a fictionalized deep-dive into actual airline incidents.

James Albright co-wrote Whiskey Air. He’s a fellow USAF pilot (they flew together in a squadron in PACAF) who went on to command a USAF squadron, then retired and spent another twenty years as a corporate pilot. He also writes safety analysis for AvWeek.

Erin Applebaum is a Partner in the aviation practice at Kreindler & Kreindler LLP. She represents the interests of passengers severely injured or killed in general aviation and commercial airline accidents. Erin is currently on the team representing numerous victims of the DCA midair collision. She’s also handling cases on behalf of several passengers from the February 2025 Delta Air Lines crash in Toronto. Erin is a foremost authority on litigating claims governed by the Montreal Convention, the international treaty on commercial air travel.

Erin’s other major cases at Kreindler include the Southwest Airlines Flight 1380 catastrophic engine failure and the Liberty Helicopters doors-off tour helicopter crash in the East River. For the past six years, Erin has played a key role in Kreindler’s fight against Boeing in the Ethiopian Airlines Flight 302/737 MAX litigation. She was appointed by the court as a member of the Plaintiffs’ Executive Committee for the Ethiopian Airlines Flight 302 cases and was instrumental in the victims’ families’ effort to overturn the Deferred Prosecution Agreement between Boeing and the Department of Justice.

Discussion

In this episode’s roundtable, our guests bring their knowledge and experience to the discussion of important issues faced by the industry, including: 

  • The 90-second evacuation rule.
  • The liability of the airlines, airports, and the regulators.
  • Boeing’s corporate culture, reputation, and the DOJ’s criminal case.
  • Profit motives over safety.
  • Decision making in the cockpit and being the captain that sometimes has to say, “no.”
  • Lack of FAA oversight resources and the Aviation Safety Action Program (ASAP).
  • Delegated oversight authority.
  • Injuries sustained due to air turbulence.

See:

Whiskey Air on Amazon

Chris Manno’s author page

Code 7700 page by James Albright

Rough Skies Ahead: Legal Options for Turbulence Injuries [PDF] by Erin Applebaum and Taylor Sandella.

Aviation News

Senator Pushes FAA to Examine Aircraft Evacuation Rules

Senator Tammy Duckworth (D-Ill.) sent a letter to the FAA asking the agency to compare its 90-second evacuation standard against recent incidents. The rule originated in the late 1960s and requires aircraft manufacturers to demonstrate during certification that all passengers and crew can evacuate the aircraft within 90 seconds, even with only half of the emergency exits available.

Duckworth’s letter: “While FAA has yet to disclose how long any of the referenced passenger evacuations took, these incidents once again raise serious questions about FAA’s 90-second evacuation standard as well as FAA’s assumptions about how evacuations occur in real world conditions (such as the assumption every passenger will comply with instructions to deplane without carry-on bags).”

Duckworth wants the FAA to describe how long they took, how many passengers exited with bags, and how many were children, seniors, or disabled.

Decades of Blunders Put a Lethal Wall at the End of a South Korean Runway

The Korean Maeil Business Newpaper reports that the New York Times “extensively secured and reviewed 26 years’ worth of Muan Airport-related data, including the initial design drawing of Muan Airport, and listened to opinions from experts and bereaved families.” This concerns the fatal Jeju Air crash last year at Muan Airport. The original Muan Airport design in 1999 stipulated that localizers should be easily broken in collisions to “minimize fatal damage to aircraft in the event of a collision,” the NYT said. However, this design was changed in 2003 and the support of the localizer was changed to hard concrete rather than brittle structures. 

Boeing interfered with electric plane startup Zunum, appeals court finds

Electric airplane startup Zunum Aero, founded in 2013 and backed by Boeing and JetBlue, went out of business in 2019 after running out of funding. Zunum then sued Boeing, alleging that Boeing used its position as an investor to steal Zunum’s trade secrets. Also, that Boeing sought to discourage other groups from investing, forcing the company to cease operations.

A Seattle jury ruled against Boeing in 2024, but two months later, a federal judge reversed that decision. Now the Ninth Circuit Court of Appeals reversed that decision and reinstated the $72 million verdict against Boeing. The case was remanded back to the district court to finalize the verdict.

Hosts this Episode

Max Flight, Rob Mark, David Vanderhoof and our Main(e) Man Micah.

434 Aviation Law

We discuss the topic of aviation law with an attorney and pilot. In the news, we look at airport security issues in the face of the recent shooting at the Fort Lauderdale airport, the new generation of Cirrus aircraft, GECAS orders for Boeing 737 Max 8s, and a cargo handler who goes for an unexpected flight.

Guest

Attorney Raymond Paul Johnson, practicing aviation law

Raymond Paul Johnson

Raymond Paul Johnson is a California trial attorney, aerospace engineer, pilot, author, and combat veteran, having served as a United States Air Force fighter pilot. He has flown as command pilot and instructor on a variety of aircraft in both combat and peacetime environments, and today Ray maintains an FAA commercial pilot’s license. Ray’s law practice emphasizes product safety and liability, aviation law, engineering-legal disputes, and technology related matters.

Ray explains how he’s combined his interests in aviation and law as a specialty practice. His firm handles both civil and military cases across the U.S., especially where liability is contested.

We discuss the application of the Boyle v. United Technologies Corporation Supreme Court decision to military cases. That decision addressed the validity of state tort laws that hold independent military contractors liable for injuries caused by their design flaws.

Ray explains that in a civil suit, the NTSB finding of probable cause is generally not admissible, but the facts uncovered in an NTSB investigation may enter into the case. Thus, the court could reach a different determination of responsibility than that of the government investigation.

Ray describes several cases he’s worked, including representing the family of United States Air Force Pilot Sean Murphy in their nationally prominent lawsuit regarding defects in the ejection system of the F-15 fighter aircraft. He also represented test pilot Carl Lang in his X-31 case.

We also talk about the impacts on aviation law of emerging technology, such as commercial use of drones.

Ray has been a featured speaker at many national conventions, and he’s been interviewed regarding legal matters on CNN, NBC Nightly News, and other televised news programs. His practice is Raymond Paul Johnson, A Law Corporation.

Aviation News

Numerous red flags arose in months leading to Fort Lauderdale airport shooting
Travelers lose 25,000 items in Fort Lauderdale airport rampage

A man arriving at Fort Lauderdale airport allegedly retrieved a handgun and some ammunition from his checked bag, and began shooting travelers in the baggage claim area. Five people were killed, several others were wounded. On its Transporting Firearms and Ammunition webpage, TSA says:

“You may transport unloaded firearms in a locked hard-sided container as checked baggage only. Declare the firearm and/or ammunition to the airline when checking your bag at the ticket counter. The container must completely secure the firearm from being accessed. Locked cases that can be easily opened are not permitted.”

On its Special Items webpage, Delta Air Lines outlines its requirements for firearms. (Look for Shooting Equipment under Sports Equipment.)

Cirrus Launches New Generation of SR-Series Piston Singles

Cirrus Aircraft has introduced their 2017 model year airplanes, and the G6 SR-series piston singles have some added features. The Perspective+ avionics system is based on Garmin’s new G1000 NXi platform and Flying Magazine calls it “among the most important upgrades in the history of the SR series.” also new are animated weather graphics, a qwerty-style keyboard, and new Spectra LED wingtip lights as well as courtesy lights.

GECAS orders 75 additional 737 MAX 8s

GE Capital Aviation Services (GECAS) has ordered 75 Boeing 737 MAX 8s, valued at $8.25 billion at list prices. This brings the GECAS orders to 170 Max 8s. Boeing’s order total for 737 MAX aircraft stands now 3,419. The first 737 MAX 8 delivery is scheduled to occur in May 2017 with launch operator Norwegian Air Shuttle.

FAA, airline investigating how worker got left in cargo hold from N.C. to Dulles

A United Baggage Handler Took an Unexpected Flight in a Cargo Hold

Cargo-loading companies have procedures designed to ensure that handlers are out of the plane before the doors are shut. Something went wrong and a G2 Secure Staff employee was an unplanned passenger in the hold of United Express flight 6060 from Charlotte, N.C. to Washington Dulles International Airport.

Living in the Age of Airplanes Giveaway

Brian J. Terwilliger (our guest in Episode #427) is a pilot and the filmmaker who produced and directed the National Geographic movie Living in the Age of Airplanes, narrated by Harrison Ford. Brian was kind enough to donate two copies of the film, which we gave away to two randomly selected Airplane Geeks listeners.

Mentioned

United Tweet, last 747 flight out of O’Hare

Bob King, Boeing. Laid off at age 87!

Air France Says Au Revoir To The 747 With This Stunning Flyby

Don “The Prebuy Guy” Sebastian is now mentoring an ex-Marine who is an A&P, a pilot, and attending Embry Riddle for advanced degrees. Don sent us a short recording about Angle of Attack (AOA).

Two Indonesian airline executives resign after footage shows pilot staggering to plane

Sunwing Airlines pilot found passed out drunk in cockpit before take-off, Canadian police say

Couple hospitalized after plane crash at Capitol Drive airport

Credit

Intro music courtesy Brother Love from his Album Of The Year CD. Outtro by Bruno Misonne from The Sound of Flaps.