In collaboration with Flight Training International (FTI), Jackson Walker successfully contested an FAA order issued in April 2019 revoking approval for an Airline Transport Pilot (ATP) certification course. After the FTI worked to educate the FAA on the lack of regulatory justification, Jackson Walker attorneys filed an appeal in the Fifth Circuit Court of Appeals. Upon hearing the appellate arguments, the FAA rescinded its order in full on June 25.
The ATP Rating Course, which was approved by the Denver Flight Standards District Office in 2010, was designed for highly trained pilots – including U.S. military, commercial pilots, and certified foreign commercial pilots – and does not provide a type rating certification. With the FAA order rescinded, Flight Training International can continue to provide ATP-only certification courses at its training centers in Dallas/Fort Worth, Denver, and Miami.
Jackson Walker attorneys James D. Struble, Jennifer Caughey, Justin V. Lee, and Cody A. Martinez represented Flight Training International in filing the appeal. To explore the Firm’s experience handling federal agency appeals, visit the Appellate and Aviation practice pages.
James D. Struble’s primary area of practice is aviation, in which he has experience in trying both jury and non-jury matters as lead counsel for major airlines. Jim represents corporate and fractional ownership aircraft owners and operators in all aspects of aviation transactional matters including purchase, management, charter, and lease agreements. He also handles regulatory and enforcement matters, including dangerous goods/hazardous materials and drug and alcohol testing matters, for both air carriers and pilots and has successfully tried cases before NTSB Administrative Law Judges.
Jennifer Caughey is a former Justice on Texas’s First Court of Appeals and currently co-chairs Jackson Walker’s appellate section. In her practice, Jennifer handles high-stakes commercial litigation, and she has particular expertise in issues involving statutory and contractual interpretation, constitutional law, healthcare, insurance, energy, administrative law, and professional liability.
Justin V. Lee is a business litigator and aviation attorney who represents a wide range of clients, such as airlines, manufacturers, real estate firms, insurance companies, financial services institutions, music industry entities, technology infrastructure firms, and candidates for public office. Prior to joining Jackson Walker, Justin worked on the staff for a member of the United States Congress and served as a helicopter pilot in the United States Army in Afghanistan and Pakistan.
Cody A. Martinez is experienced in all phases of pretrial procedure and litigation, from comprehensive legal research, discovery, and summary judgments or dismissals, to dispute resolution in the courtroom. Cody’s multiple years of experience clerking in the United States District Court for the Northern District of Texas give him unique insight into the most advantageous litigation strategies.