United States Ninth Circuit

In proceedings arising after the FAA revoked petitioner's commercial pilot's license via emergency order, pilot's petition for review of an NTSB order reversing an ALJ's decision in pilot's favor is granted and the matter remanded where the NTSB's failure to give the ALJ's implicit credibility determination the requisite level of deference was contrary to NTSB precedent and, therefore, arbitrary and capricious.

Appellate Information

• Decided 12/03/2008
• Published 12/03/2008

Judges

• BEA, Circuit Judge:, Before:  DIARMUID F. O'SCANNLAIN, RONALD M. GOULD and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kathleen A. Yodice, Law Offices of Yodice Associates, Washington, D.C., for the petitioner.


• For Appellees:
  
• James A. Barry, Senior Attorney, Office of the Chief Counsel, Federal Aviation Administration, Washington, D.C., for the Respondent.