United States DC Circuit

In pilots' petition for review of the National Transportation Safety Board's order reversing an attorney's fee award to petitioners against the Federal Aviation Administration (FAA) in a pilot's license revocation proceeding, the petition is denied where: 1) because the Administrative Law Judge dismissed the cases without prejudice, there was nothing in this case analogous to judicial relief; 2) the pilots are not prevailing parties for purposes of 5 U.S.C. section 504(a)(1), and thus, they are not entitled to recover their attorneys fees and expenses under that section; and 3) petitioners could not recover under section 504(a)(4) because the FAA did not prevail.

Appellate Information

• Argued 03/15/2010
• Decided 06/08/2010
• Published 06/08/2010

Judges

• Before GINSBURG, ROGERS and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Gregory Sean Winton argued the cause and filed the briefs for petitioners., Kathleen A. Yodice was on the brief for amicus curiae Aircraft Owners and Pilots Association in support of petitioners.


• For Appellees:
  
• Benjamin S. Kingsley, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Michael Jay Singer and Michael E. Robinson, Attorneys.