Fifth Circuit Rules in Favor of Client Flight Training International

March 2, 2023 | Client Results

In a major win for the Jackson Walker Appellate and Aviation teams, the Fifth Circuit Court of Appeals ruled unanimously in favor of Jackson Walker client Flight Training International (FTI) regarding a Federal Aviation Administration (FAA) order concerning pilot certification requirements.

At issue was whether the FAA’s issuance of an order was improper and in violation of the Administrative Procedure Act (APA). The FAA issued the order without going through the notice and comment process.

Following two years of filing briefs and arguing before the Fifth Circuit, FTI prevailed. The Court granted FTI’s petition for review and set aside the FAA order (referred to as the “Must-Issue Rule”), stating that the order is a legislative rule that was not promulgated after notice and comment, as required by the APA. This opinion serves as a reminder that agency action must go through required processes.

This victory enables FTI to continue to provide valuable certification courses at training centers in Dallas/Fort Worth, Denver, and Miami.

The Jackson Walker team was led by Appellate Practice Chair Jennifer Caughey and included Dallas attorneys James D. StrubleJustin V. Lee, and Cody A. Martinez.

For more information about the case, view the related result “Joint Aviation and Appellate Team Secures Favorable Result on Behalf of Flight Training International” from 2019.

Meet Our Team

Jennifer Caughey is a former Justice on Texas’s First Court of Appeals and current chair of Jackson Walker’s Appellate section. She has particular expertise in issues involving statutory and contractual interpretation, constitutional law, healthcare, insurance, energy, administrative law, and professional liability.

James D. Struble handles both jury and non-jury matters 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 for both air carriers and pilots and has successfully tried cases before NTSB Administrative Law Judges.

Justin V. Lee represents a wide range of clients, including airlines and manufacturers, in partnership disputes, breach of contract claims, violations of federal and state regulations, product liability claims, and personal injury and wrongful death claims.

Cody A. Martinez handles a wide variety of commercial litigation matters, including contractual, trademark, and antitrust disputes.  He also has experience representing clients in FINRA arbitrations.

To explore the Firm’s experience handling federal agency appeals, visit the Appellate and Aviation practice pages.

In This Story

Jennifer Caughey
Partner, Houston

Justin V. Lee
Partner, Dallas

Cody A. Martinez
Associate, Dallas

James D. Struble
Partner, Dallas