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#1
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Arrogant judges making law...
Quoted text to follow my comments:
The Federal Judges have gone nuts (so what's new?)... Based on what I read here a non pilot judge has decided that the controller is obligated to fly the airplane... These kinds of garbage rulings have enormous concequences for the rest of us as pilots... The general public doesn't understand and doesn't care and thus will remain silent, but we pilots need to start protesting to the courts( with real letters, not email) about their bad decisions... *****************Lifted shamelessly from AOPA bulletin******* FAA accused in two Florida crashes Instrument flying in Florida is enshrouded in a heavy fog of litigation. Two recent court cases, one pending and one already decided, have some similarities that could place some of the blame on FAA controllers. Survivors of a pilot who was killed in a crash sued the FAA in federal court recently, alleging that controllers didn't warn the pilot of his position on final approach and that FAA employees didn't maintain landing equipment properly. On November 27, 2003, Dr. George Swanson, a physician from Texas, was flying a Swearingen Merlin II on an ILS approach into Craig Municipal Airport in Jacksonville. Controllers had advised the pilot that the weather was below landing minimums and gave him alternate airports, according to the NTSB's preliminary report. But the lawsuit claims that controllers didn't advise Swanson of the alternate airports and failed to warn him that he was flying too low on final approach because of irregularities in transponder altitude readouts that were "greater than 300 feet in error." The lawsuit also alleges that FAA employees were negligent in inspecting the ILS for electrical interference from nearby microwave and cell phone towers. The pilot attempted the approach but hit trees behind a shopping center. Swanson died in the incident while his four children on board reported only minor injuries. The lawsuit comes on the heels of another case in which a federal judge found the FAA mostly liable for a 2001 crash that killed two attorneys and their two clients at Jacksonville International Airport. In the decision reached November 15, the FAA was faulted for not giving the pilot current and complete weather information. The pilot in that crash, Donald Weidner, was found to be 35 percent responsible because he became disoriented after two missed approaches (one of which was at Craig). The FAA claimed that the pilot was "well-informed about the weather" during "all stages of the flight," reported The Florida Times-Union. A contributing factor may have been cold medication, not approved by the FAA, that he had taken. "Weidner's decision to undertake the flight despite his illness, fatigue, and ingestion of medications does not meet the standard of care expected of a reasonably prudent instrument pilot," said Justice Department attorney Colleen Conlin, according to the newspaper. There will be a separate trial to determine the amount of damages. - Nathan A. Ferguson |
#2
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"Denny" wrote: The Federal Judges have gone nuts No jury? |
#3
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"Dan Luke" wrote in message ... "Denny" wrote: The Federal Judges have gone nuts No jury? Juries determine facts, not law (who is responsible -- this might not be the case here). Further, check http://www.fija.org for how lame juries can be made when a judge or the government (at any level) decides to make a point. -- Matt --------------------- Matthew W. Barrow Site-Fill Homes, LLC. Montrose, CO |
#4
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Cases against the US govt are tried to a federal judge, not a jury.
The gov't doesn't trust juries. |
#5
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In article ,
"Matt Barrow" wrote: Juries determine facts, not law (who is responsible -- this might not be Juries don't determine facts. Facts exist or don't. -- Bob Noel looking for a sig the lawyers will like |
#6
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"Bob Noel" wrote in message ... In article , "Matt Barrow" wrote: Juries determine facts, not law (who is responsible -- this might not be Juries don't determine facts. Facts exist or don't. Hmmm!! As my Dad used to say, "Is that a fact?". And how do you know they exist or not? Gee, using that logic, why do we bother to investigate? Hell, why do we go further and bother to try the case at all? Matt --------------------- Matthew W. Barrow Site-Fill Homes, LLC. Montrose, CO |
#7
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In article ,
"Matt Barrow" wrote: Juries determine facts, not law (who is responsible -- this might not be Juries don't determine facts. Facts exist or don't. Hmmm!! As my Dad used to say, "Is that a fact?". yep And how do you know they exist or not? Think about the difference between having commited a crime and being convicted of a crime in a court of law. Think about how a jury could actually "determine facts" if some of the evidence is excluded because it was improperly obtained. Gee, using that logic, why do we bother to investigate? Hell, why do we go further and bother to try the case at all? yeah, that's a logical conclusion to reach... -- Bob Noel looking for a sig the lawyers will like |
#8
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"The law is what the court decides it is."
Chief Justice Marshall - early 19th century George Patterson I prefer Heaven for climate but Hell for company. |
#9
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"George Patterson" wrote in message ... "The law is what the court decides it is." Chief Justice Marshall - early 19th century Hmmm!! I can't find that quote anywhere... -- Matt --------------------- Matthew W. Barrow Site-Fill Homes, LLC. Montrose, CO |
#10
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"Bob Noel" wrote in message ... In article , "Matt Barrow" wrote: Juries determine facts, not law (who is responsible -- this might not be Juries don't determine facts. Facts exist or don't. Hmmm!! As my Dad used to say, "Is that a fact?". yep And how do you know they exist or not? Think about the difference between having commited a crime and being convicted of a crime in a court of law. Think about how a jury could actually "determine facts" if some of the evidence is excluded because it was improperly obtained. Not an attorney, are 'ya? Or an epistolologist? Gee, using that logic, why do we bother to investigate? Hell, why do we go further and bother to try the case at all? yeah, that's a logical conclusion to reach... Yeah, your attempt to spin your dumbass remark is where it leads. -- Matt --------------------- Matthew W. Barrow Site-Fill Homes, LLC. Montrose, CO |
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