United States DC Circuit

In a petition for review of the National Transportation Safety Board's (Board) order upholding the Federal Aviation Administration's (FAA) emergency revocation of petitioner's airman and medical certificates, the petition is granted where: 1) the Board departed from its precedent when it reversed the ALJ's decision without addressing the ALJ's credibility determination in petitioner's favor; and 2) the Board diverged from its precedent by refusing, without adequate explanation, to accept petitioner's testimony that he subjectively thought a questionnaire did not require him to report his felony bribery conviction.

Appellate Information

• Argued 10/06/2009
• Decided 12/08/2009
• Published 12/08/2009

Judges

• Before:  GARLAND, BROWN and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Weldon E. Patterson argued the cause and filed the brief for petitioner.


• For Appellees:
  
• Agnes M. Rodriguez, Senior Attorney, Federal Aviation Administration, argued the cause and filed the brief for respondent.