DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.
Aviation Attorney Results for Pilots
Achieving results for pilots is the goal of the aviation attorneys at Barnett Law Offices. The firm concentrates our practice of law in FAA medical certification and enforcement actions, as well as aviation injury matters.
The following is a small sampling of the Results we have achieved for Pilots and Certificate Holders.
FAR Exemptions:
FAR Exemptions: Granted an exemption to Federal Aviation Regulations for world renowned organization’s efforts to assist endangered bird species in migration process.
Medical Certification Results:
DUI
FAA Medical Certificate Denial for Alcohol Dependence: Successfully returned airman to flying status after filing Petition for Review to NTSB Office of Administrative Law Judges for airman denied FAA medical certificate for substance (alcohol) dependence.
DUI Reporting: Successfully returned airman to flying status after failure to properly disclose DUI arrest on FAA Form 8500 (FAA Medical Application).
DUI Conviction: Successfully reversed FAA Emergency Order of Revocation following a DUI conviction with BAC over .20 at hearing before an NTSB administrative law judge.
DUI Reporting: Successfully negotiated a reversal of an FAA Emergency Order of Revocation following a DUI conviction prior to hearing before an NTSB administrative law judge.
DUI & Felony Reporting: Assisted airman in reporting previous DUI and felony convictions without any further action taken by FAA.
Alcohol Dependence Allegations: Pilot cleared of FAA accusations, retains medical certificate despite previous DUI with a high BAC.
ADHD
FAA Medical Certificate Denial for ADHD: Successfully returned airman to flying status prior to hearing before an NTSB administrative law judge.
FAA Medical Certificate Denial for ADHD and Use Of The Drug Vyvannse: Successfully returned airman to flying status prior to hearing before an NTSB administrative law judge.
Cardiac/Stroke
FAA Medical Certificate Denial for Cognitive Disorder Following Stroke: Successfully returned airman to flying status prior to hearing before an NTSB administrative law judge by inflight demonstration of competency.
FAA Medical Certificate Denial for Heart Pacemaker: Successfully returned airman to flying status prior to hearing before an NTSB administrative law judge.
Cancer
Cancer Survivor Medical Certificate Issued: Airman medical certificate returned after filing a Petition for Review of denial of medical certificate.
Drug Testing
Refusal to Submit to DOT Drug Testing: Successfully returned airman to flying status after allegedly failing to submit to pre-employment drug screening test due to shy bladder.
Refusal to Submit to DOT Drug Testing: Successfully reversed an Emergency Order of Revocation of an ATP certificate after allegedly failing to submit to a reasonable suspicion drug and alcohol test.
Failed DOT Alcohol Test: Successfully defended a pilot of failing alcohol test. Test was demonstrated to be improperly conducted. Case not pursued by FAA.
Enforcement Action Results
Emergency Order Revocation
FAA Emergency Order of Revocation for intentional falsification of airman medical certificate application (FAA Form 8500 or MedXPress) was settled without certificate action against ATP certificate.
Failure to Report DUI Arrest: Successfully reversed FAA Emergency Order of Revocation at hearing before an NTSB administrative law judge after airman failed to report an arrest for DUI on FAA Form 8500 (FAA Medical Application).
FAA Emergency Order of Revocation for intentional falsification of airman medical certificate application (FAA Form 8500 or MedXPress) was settled without action against a pilot's airman certificates for allegedly failing to report a conviction.
FAA Emergency Order of Revocation for intentional falsification of airman medical certificate application (FAA Form 8500 or MedXPress) was settled with only a 1-month revocation period instead of a 12-month revocation period of a pilot's mechanic certificate.
Pilot Logbook Falsification: Successfully reduced an FAA Emergency Order of Revocation to a suspension with an immediate return of certificate.
Letter Of Investigation
Careless or Reckless Charges: Successfully resolved an FAA Letter of Investigation with no further action after pilot was alleged to have flown under a bridge.
Ramp Checked Without Required Aircraft Documents: Successfully resolved matter at investigation level without further action.
Flight of Unairworthy Aircraft: Successfully defended pilot at the informal conference stage accused of flight in an unairworthy aircraft. Case dropped by FAA.
Unauthorized Crossing of Runway Hold Line: Successfully defended a pilot accused of crossing a runway hold line after being issued a Letter of Investigation. Case not pursued by FAA.
Note Of Proposed Certificate Action
FAA Medical Certificate Denial for Alcohol Dependence: Successfully returned airman to flying status after filing Petition for Review to NTSB Office of Administrative Law Judges for airman denied FAA medical certificate for substance (alcohol) dependence.
Airworthiness: Successfully eliminated a 30 day proposed certificate suspension.
Failure to Follow Maintenance Checklist: Successfully eliminated at the informal conference stage a proposed suspension of an Airframe and Powerplant mechanic for allegedly not following proper maintenance checklist.
FAA Medical Certificate Denial for Diabetes: Successfully returned airman to flying status prior to hearing before an NTSB administrative law judge.
FAA Medical Certificate Denial for IHSS: Successfully returned airman to flying status who had suffered from idiopathic hypertrophic sub aortic stenosis (IHSS) prior to hearing before an NTSB administrative law judge.
FAA Medical Certificate Denial for Alcohol Dependence: Successfully returned airman to flying status prior to hearing before an NTSB administrative law judge for airman with a BAC over .20 after traffic stop.
Flight Without Medical Certificate: Successfully reduced an Emergency Order of Revocation to a suspension of certificate for failing to obtain an FAA medical certificate while flying over a several year period.
Airworthiness: Reduced a proposed 30 day suspension to a compromise order and $500 penalty.
Employment And Pilot Records Database
Successfully changed PRD entries for multiple pilots from "Terminated - Pilot Performance" to "Other - Resignation" without initiating a law suit.
Obtained a confidential settlement against an air carrier that entered false information into the pilot's PRD.
Successfully negotiated a change in the PRD for a pilot who was fired from an air carrier from "Terminated - Pilot Performance" to "Other - employer initiated separation not related to pilot performance"
