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AVIATION Litigation News and Analysis • Legislation • Regulation • Expert Commentary VOLUME 32, ISSUE 25 / FEBRUARY 11, 2015

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AVIATION Litigation News and Analysis • Legislation • Regulation • Expert Commentary VOLUME 32, ISSUE 25 / FEBRUARY 11, 2015 Westlaw Journal AVIATION Litigation News and Analysis • Legislation • Regulation • Expert Commentary VOLUME 32, ISSUE 25 / FEBRUARY 11, 2015 UNMANNED AIRCRAFT SYSTEMS WHAT’S INSIDE UNMANNED AIRCRAFT SYSTEMS FAA, drone operator settle suit over commercial flyover 9 U.S. regulators sow The Federal Aviation Administration has settled a suit with the operator of an unmanned confusion about ‘toy’ drones in rules aircraft system, or drone, following his flight over the University of Virginia in 2011. 10 U.S. border drone program not meeting expectations, In re Pirker, No. 2012EA10019, settlement report says announced (F.A.A. Jan. 22, 2015). The UAS pilot, Raphael Pirker, agreed to pay JURISDICTION $1,100 but did not admit any wrongdoing, 11 Family asks Supreme Court to review jurisdictional according to a Jan. 22 statement announcing the issue in wrongful-death suit settlement. Martinez v. Aero Caribbean Pirker is a lead pilot for UAS seller Team (U.S.) BlackSheep. The company said in the statement it was pleased the suit sparked conversation LOST LUGGAGE about civilian use of UAS and spurred government 12 Airline refuses to pay regulators to approve certain commercial use. REUTERS/Gil Cohen Magen passenger for lost, damaged A drone pilot agreed to pay $1,100 to settle the FAA’s charges that he luggage, suit says recklessly flew a Ritewing Zephry powered glider, similar to the one Pirker’s counsel, Brendan Schulman of Kramer shown here, over the University of Virginia campus. Singh v. Asiana Airlines Levin Naftalis & Frankel, could not be reached for (N.D. Cal.) comment. alerting “those who might misuse drones that the FAA can and will take vigorous action even before AIRFARES Some experts say the settlement benefited both UAS operators and the public. new regulations are adopted.” 13 Delta’s low-airfare guarantee is accurate, judge finds C. Dana Hobart, a partner at Hobart Linzer LLP, Richard Wynne, a partner at Thompson & Opper v. Delta Air Lines said the agreement “shined light on the FAA’s Knight, said the settlement ends a dispute that (E.D. Wis.) sluggish approach to drone regulation” while CONTINUED ON PAGE 16 EMPLOYMENT 14 American Airlines sued by mechanics union organizers Local 591, Transp. Union COMMENTARY COMMENTARY Workers of Am. v. Am. Airlines (N.D. Ill.) The need for deployable E-discovery trends: 15 Delta Air Lines, stock fiduciaries oppose high court recorders and satellite 2014 year in review (Part 1) review of ERISA suit tracking systems for airlines In the first of a two-part series, Meagan Smith v. Delta Air Lines (U.S.) Robert A. Clifford of Clifford Law Offices Crowley-Hsu of Practical Law looks discusses how updated technology in back on recent technology trends and large airliners will aid rescue efforts in other key developments affecting the event of a plane crash into water. e-discovery and information governance in 2014, and highlights those issues SEE PAGE 3 that are likely to gain prominence in the year ahead. SEE PAGE 5 41737488 TABLE OF CONTENTS Westlaw Journal Aviation Published since June 1983 Unmanned Aircraft Systems: Huerta v. Pirker Publisher: Mary Ellen Fox FAA, drone operator settle suit over commercial flyover (F.A.A.) .....................................................................1 Executive Editor: Donna M. Higgins Commentary: By Robert A. Clifford, Esq., Clifford Law Offices Managing Editor: Tricia Gorman The need for deployable recorders and satellite tracking systems for airlines ............................................... 3 Editor: Katie Pasek News in Brief ......................................................................................................................................................4 [email protected] Managing Desk Editor: Robert W. McSherry Commentary: By Meagan Crowley-Hsu, Esq., Practical Law The Journal: Litigation E-discovery trends: 2014 year in review (Part 1) ................................................................................................5 Senior Desk Editor: Jennifer McCreary Desk Editor: Sydney Pendleton Unmanned Aircraft Systems U.S. regulators sow confusion about ‘toy’ drones in rules ...............................................................................9 Graphic Designers: Nancy A. Dubin Ramona Hunter Unmanned Aircraft Systems U.S. border drone program not meeting expectations, report says .............................................................. 10 Westlaw Journal Aviation (ISSN 2155-5974) is published biweekly by Thomson Reuters. Jurisdiction: Martinez v. Aero Caribbean Family asks Supreme Court to review jurisdictional issue in wrongful-death suit (U.S.) ...............................11 Thomson Reuters 175 Strafford Avenue, Suite 140 Lost Luggage: Singh v. Asiana Airlines Wayne, PA 19087 Airline refuses to pay passenger for lost, damaged luggage, suit says (N.D. Cal.)........................................12 877-595-0449 Fax: 800-220-1640 Airfares: Opper v. Delta Air Lines www.westlaw.com Delta’s low-airfare guarantee is accurate, judge finds (E.D. Wis.) ..................................................................13 Customer service: 800-328-4880 Employment: Local 591, Transp. Union Workers of Am. v. Am. Airlines For more information, or to subscribe, American Airlines sued by mechanics union organizers (N.D. Ill.) .................................................................14 please call 800-328-9352 or visit west.thomson.com. Employment (Stock Option): Smith v. Delta Air Lines Delta Air Lines, stock fiduciaries oppose high court review of ERISA suit (U.S.) ...........................................15 For the latest news from Westlaw Journals, visit our blog at http://blog.thomsonreuters. com/westlawjournals. Case and Document Index ...............................................................................................................................16 Reproduction Authorization Authorization to photocopy items for internal or personal use, or the internal or personal use by specific clients, is granted by Thomson Reuters for libraries or other users regis- tered with the Copyright Clearance Center (CCC) for a fee to be paid directly to the Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923; 978-750-8400; www.copyright.com. How to Find Documents on Westlaw The Westlaw number of any opinion or trial filing is listed at the bottom of each article available. The numbers are configured like this: 2015 WL 000000. Sign in to Westlaw and on the “Welcome to Westlaw” page, type the Westlaw number into the box at the top left that says “Find this document by citation” and click on “Go.” 2 | WESTLAW JOURNAL n AVIATION © 2015 Thomson Reuters COMMENTARY The need for deployable recorders and satellite tracking systems for airlines By Robert A. Clifford, Esq. Clifford Law Offices In December AirAsia Flight 8501 was cruising at high altitude in Asia, an area of the world that has a reputation not only for high accident rates (three times that of North America) but also for severe thunderstorm activity in the Java Sea, at altitudes that can exceed the ceilings of any airliner. Air traffic control voice recordings reportedly show the pilots had asked for diversion around a storm cell, but air traffic control denied that request. Minutes later, the airplane disappeared from radar screens and remained lost for two days until floating wreckage and bodies were discovered Dec. 30. REUTERS/Edgar Su Some pilots try to fly over A flight information signboard at Changi Airport in Singapore on Dec. 28, 2014, shows the flight status of AirAsia Flight 8501, which the weather cells, adding to crashed and was lost for 2 days. Better onboard technology could have helped rescue crews find the plane faster, the author says. the risk of an accident due Airplane systems can also malfunction, technologies should be required as soon as to decreased safety margins especially in severe weather environments. possible on all airliners worldwide. The world and pilot inexperience Airbus models, including the AirAsia Flight is growing tired of watching families cry and 8501 Airbus A320-200, have had their share wait for word from airlines and governments in upset recovery at high of malfunctions, including recent events regarding the whereabouts of the large plane altitudes and high speeds. regarding blocked angle-of-attack probes with their missing loved ones. that could result in total loss of control of The first of these technologies — deployable Flying at high altitudes in thunderstorms the aircraft. This prompted the Federal recorders that jettison upon impact, float and poses dangerous system, flight control and Aviation Administration to issue mandatory transmit their position to satellites worldwide structural overload risks for airliners. The airworthiness directives in December. — would ensure location of a plane’s flight most prudent course of action is to avoid While the cause of the crash of AirAsia data and cockpit voice recordings within these weather cells entirely by changing Flight 8501 remains undetermined, it is hours of a crash anywhere in the world, course, if possible. However, some pilots try once again clear that there are two existing including remote ocean locations. to fly over the weather cells, adding to the technologies — deployable recorders and Deployable recorders, such as those made risk of an accident due to decreased safety satellite asset tracking devices — that would by DRS Technologies Inc., have been margins and pilot inexperience in upset help prevent
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