The article "Safety in the Skies: The Role of Our Courts," written by Anapol Weiss shareholder Larry E. Coben and published in The Legal Intelligencer, discusses the Ninth Circuit’s recent holding regarding the judiciary's role in adjudicating air traffic control (ATC) negligence claims following aviation tragedies.
The Federal Aviation Administration oversees air traffic control, which is generally effective in preventing crashes during takeoff and landing. However, when accidents occur, courts must determine if ATC personnel acted negligently according to the Federal Tort Claims Act and established common law.
Coben provided an amicus brief on behalf of the former chair of the National Transportation Safety Board and emphasizes in his article the judicial system's importance in addressing these claims.
“When an ATC chooses to disregard the procedures required by the system, an unsafe condition is created, and the unsafe condition places pilots and passengers at risk. When tragedy of this nature arises, the judiciary is obligated to step in and ensure safety in our skies.”
Click here to read the full article in The Legal Intelligencer.
