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This thread is privately moderated by bmschulman, who may elect to delete unwanted replies.
Jun 16, 2014, 03:45 PM
VP of Policy & Legal at DJI
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Discussion

(Archive of) Information on FAA litigations, regulation and policy


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.

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Pirker case:

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

NTSB Decision:
http://www.ntsb.gov/legal/alj/OnODoc...ation/5730.pdf

Settlement:
http://www.team-blacksheep.com/docs/...settlement.pdf

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The documents relating to Texas EquuSearch are harder to find. Here are links.

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

D.C. Circuit Decision:
www.kramerlevin.com/files/upload/TES-Order.pdf


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Petitions concerning the June 25 FAA Notice:

http://www.kramerlevin.com/files/upl...caPetition.pdf
http://www.kramerlevin.com/files/upl...A_Petition.pdf
http://www.kramerlevin.com/files/upl...R_Petition.pdf
http://www.kramerlevin.com/files/upl...onExhibit1.pdf
http://www.kramerlevin.com/files/upl...onExhibit2.pdf
Last edited by bmschulman; Nov 27, 2015 at 12:21 AM.
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Jun 16, 2014, 05:42 PM
Videographer/Product Reviews
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Glad we have links to a repository of the all the pertinent materials relating to the cases.

Thanks
Jun 16, 2014, 10:42 PM
Registered User
Thanks for keeping us updated.
Jun 17, 2014, 12:42 AM
Team Futaba
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Yes, this will be a good place to get the straight scoop with a minimum of distractions.
Jun 17, 2014, 07:16 AM
Multirotors are models too!
Brendan,

The link

Quote:
FAA Opposition to Stay Motion & Motion to Dismiss:
http://www.kramerlevin.com/files/upl...sonSuppAff.pdf
Links to Gene's affidavit, is this correct?

It is the same URL as this link
Quote:
Robinson Supplemental Affidavit: http://www.kramerlevin.com/files/upl...sonSuppAff.pdf
Latest blog entry: Test entry
Jun 17, 2014, 10:57 PM
VP of Policy & Legal at DJI
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Thread OP
Oops. Here's the correct link. Fixed in the OP also.

http://www.kramerlevin.com/files/upl...Opposition.pdf
Last edited by bmschulman; Jun 17, 2014 at 11:39 PM.
Jun 18, 2014, 12:20 PM
Registered User
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At last, good to be HERE, thanks for moderating Brendan!
Jun 18, 2014, 01:09 PM
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Jun 18, 2014, 03:38 PM
Registered User
"This thread is privately moderated by bmschulman, who may elect to delete unwanted replies."
Jun 18, 2014, 04:10 PM
Videographer/Product Reviews
daskim's Avatar
Your response as to whether the FAA's February 21 Order is a final reviewable order was done well.

Are they entitled to a sur-reply?
Jun 18, 2014, 06:35 PM
VP of Policy & Legal at DJI
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I believe they get a reply on the motion to dismiss but not on our motion for a stay.
Jun 19, 2014, 12:08 PM
Drone offender FA377YHFNC
I'm curious. To the best of your knowledge are there any valid restrictions on the use of model aircraft, whether commercially used or not?

Can we fly an RC plane at 300' over and through active operations of an airport? Can we fly in an unrestricted manner in the clouds at 3000' regardless of when and where? Is there any restriction on reckless endangerment and how would the fact of endangerment be determined?

Then, what restrictions on model aircraft, with their newfound FPV abilities to fly beyond visual line of sight (however it might be clearly defined) and at great altitude where full sized and manned aircraft now operate, exist? Or if none exist, what would be appropriate?

Just an open ended opportunity to spill your guts on "where are we?" "where are we going" and "where SHOULD we be going."

Thanks for what you do!
Jun 19, 2014, 01:16 PM
Team Futaba
Silent-AV8R's Avatar
Some good coverage featuring Mr. Schulman

http://www.infozine.com/news/stories...iew/sid/59163/
Jun 19, 2014, 01:26 PM
Drone offender FA377YHFNC
Quote:
Originally Posted by Silent-AV8R
Some good coverage featuring Mr. Schulman

http://www.infozine.com/news/stories...iew/sid/59163/
A refreshingly even-tempered review of the situation in there too! Thanks for posting that.
Jun 19, 2014, 06:27 PM
VP of Policy & Legal at DJI
bmschulman's Avatar
Thread OP
The FAA declined to send someone to that National Press Club event.

Sorry, I'm going to have to decline to respond on the legal implications of hypothetical situations. I think I have an answer, and I'm not trying to be evasive by not sharing it, but it gets too close to offering legal interpretations and advice which I cannot do here.


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