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Thread: John Taylor's suit against FAA was dismissed?

  1. #1
    Mistake Discovery Artist
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    John Taylor's suit against FAA was dismissed?

    I haven't been keeping up with all the legal stuff lately. A few moments ago I decided to do a little google searching and came across this...

    http://news.heartland.org/newspaper-...ne-regulations

  2. #2
    Mistake Discovery Artist
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    But..... reading a little more closely.... having a look at the comments below the article, it sounds like *maybe* John's case hasn't been dismissed after all... Just the think-tank's suit which was filed later.

  3. #3
    Instructor Pilot Channel 1's Avatar
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    Quote Originally Posted by Flyswamper View Post
    But..... reading a little more closely.... having a look at the comments below the article, it sounds like *maybe* John's case hasn't been dismissed after all... Just the think-tank's suit which was filed later.
    The case has been dismissed, the filing by the think tank was in support of the case, was considered, but in the end the court still dismissed Taylors case, which I had the feeling they where going to do.

    Wayne
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  4. #4
    Sky Pirate & FPV Outlaw SecretSpy711's Avatar
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    so, are there any remaining suits against the registration scheme?

    p.s. the commenter below that article is an active member of FPVlab.
    Last edited by SecretSpy711; 26th April 2016 at 04:45 PM.
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  5. #5
    Instructor Pilot Channel 1's Avatar
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    Quote Originally Posted by SecretSpy711 View Post
    so, are there any remaining suits against the registration scheme?

    p.s. the commenter below that article is an active member of FPVlab.
    I based my comment on the gist of the article and it appears the Taylor case may still be alive, however I still stand by my comment that he will not prevail in the end.

    Wayne
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  6. #6
    Sky Pirate & FPV Outlaw SecretSpy711's Avatar
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    Ironic that the courts dismiss a case for not following the rules (filing late) but when the FAA doesn't follow the rules and illegally tries to create new regulation, they will likely get away with it.

    I went ahead and registered, but I know everything the FAA made me agree to when I did, were simply guidelines.
    http://amablog.modelaircraft.org/ama...Q-2-4-2016.pdf

    Q: Am I required by law to comply with the guidelines listed on the UAS Registration site?
    A: The FAA acknowledged that AMA members should continue to follow AMA’s community-based safety code. We also discussed and the FAA confirmed that the language on the FAA registration site is a guideline, not regulation.This guideline is not directed at the AMA community but rather, it is a simplified set of safety guidelines geared to thegeneral public.
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  7. #7
    Instructor Pilot Channel 1's Avatar
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    Quote Originally Posted by SecretSpy711 View Post
    Ironic that the courts dismiss a case for not following the rules (filing late) but when the FAA doesn't follow the rules and illegally tries to create new regulation, they will likely get away with it.
    And the FAA knows that, the problem with taking the government to court is they have unlimited resources which we fund every April 15 to plug away and appeal or literally just ignore what the courts order them to do, whereas we the people, do not have that kind money to burn and as a result many times simply get ground up and then go away.

    There's a guy over in Riviera Beach FL who had his houseboat taken and demolished by the city, he sued the city basically because they failed to "evict" him from the marina, the city contended an eviction was not necessary as his boat was not a home, but was in fact a vessel.

    The case finally bubbled up to the USSC, who ruled in favor of the "homeowner" and ordered the city to make him whole, then when he tried to collect from the city what he and his where owed and what the city was ordered to pay, the city's response was, go eff yourself, you want a payment, take us back to court.
    Everybody loves a bunny.

  8. #8
    FPV Browncoat prelator's Avatar
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    I was the one who posted the comment on the article. No John Taylor's case was NOT dismissed. A separate lawsuit by Tech Freedom that was consolidated with his because they dealt with the same subject matter was dismissed. Taylor filed his case less than a month after the regulation was published, so he was most certainly well within the 60 day limit. Tech Freedom it sounds like accidentally filed a day late. So their case was dismissed, but Taylor's continues, and Tech Freedom will basically be playing a supporting role by filing what are called amicus briefs in the case, which allow non-parties to file briefs supporting a party in the case. If the idiot reporter who wrote that article had actually bothered to read any of the actual court documents off PACER (which I did, by the way), he would have known this.

    Don't believe everything you read online kids, especially news articles about legal cases written by someone who doesn't have any knowledge of court proceedings.
    Last edited by prelator; 26th April 2016 at 11:22 PM.
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  9. #9
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    Thanks Prelator for the effort of digging out the real story and posting here as well as in the comments of that article I linked.

    I was certainly dismayed to read that article, but also had a bit of skepticism (note the ? In my subject line)... then moments after posting here (hoping for better info) I noticed your comments under the story.

    Sent from my SAMSUNG-SM-N920A using Tapatalk

  10. #10
    Just dog tired. Wearyman's Avatar
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    Prelator comes through again! Nice! If I had my choice you would go down in history as the only Lawyer in history to be canonized. And I'm not even Catholic!
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