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bmschulman's blog
Posted by bmschulman | Jun 16, 2014 @ 03:45 PM | 4,157 Views
I have received requests to provide information concerning the model aircraft litigations pending against the FAA that are of public interest (Pirker and EquuSearch). I'm happy to provide non-confidential information here for the benefit of the RC community, but I will not litigate the case or engage in debate on the issues that are pending. I will not discuss litigation strategy. I may occasionally provide a personal opinion on a related point, but that is all it is: a personal opinion. None of these posts should be construed as legal advice. If you plan to engage in an activity that may be regulated, you must consult your own attorney.

The briefs relating to the appeal of the Pirker decision are posted on the NTSB's website:
http://www.ntsb.gov/legal/pirker.html

The documents relating to Texas EquuSearch are harder to find. Here are links.
Update: Today (June 16) Texas EquuSearch filed its Reply in response to the FAA's Opposition for an emergency stay, and in opposition to the FAA's motion to dismiss.

Letter to FAA: http://www.kramerlevin.com/files/upload/TES-Letter.pdf
Exhibits: http://www.kramerlevin.com/files/upl...S-Exhibits.pdf

D.C. Circuit lawsuit: http://www.kramerlevin.com/files/upload/TES-v-FAA.pdf

EquuSearch Emergency Motion for Stay: http://www.kramerlevin.com/files/upload/TES-Motion.pdf
Miller Affidavit: www.kramerlevin.com/files/upload/MillerAff.pdf
Robinson Affidavit: www.kramerlevin.com/files/upload/RobinsonAff.pdf

FAA Opposition to Stay Motion & Motion to Dismiss:
http://www.kramerlevin.com/files/upl...Opposition.pdf

EquuSearch Reply and Opposition to Motion to Dismiss: www.kramerlevin.com/files/upload/TES-Reply.pdf
Exhibits to the Reply: http://www.kramerlevin.com/files/upl...lyExhibits.pdf
Robinson Supplemental Affidavit: http://www.kramerlevin.com/files/upl...sonSuppAff.pdf

FAA Reply on its Motion to Dismiss:
http://www.kramerlevin.com/files/upl...A-MTDReply.pdf