The Joel Bieber Firm

Call 1-800-451-6393

Archive for Aviation Law

What is Virginia’s Statute of Limitations?

Wednesday, May 15th, 2013

     Who is Limitations and why is there a statute named that ? ice cream

     Yes, that’s probably the kind of question that I would have asked when I was a kid. For the same reason that I thought that the song  we were singing in church was, “Bringing in the sheeps… we shall Columbus, Georgia”,  instead of “Bringing in the Sheaves… We shall come rejoicing”.  That’s what happens when you sing what you hear, when you can’t yet read. Like Statute of Limitations, not statue of limitations.

     Of course, I really am doing a round about discussion of the question, “How long do I have to bring a lawsuit”? Well, below is a quick chart on some civil actions, provided from Lawyers.com.  Separately, ”When does the statute start to run” is a question that is sometimes argued to a Judge. 

      Still, even with the following chart, it still can be a bit confusing. kinda like:confusion chart 

Assault and Battery, 2 years

Va. Code § 8.01-243(A)

Contract (in writing), 5 years

Va. Code § 8.01-246(2)

Contract (oral or not in writing), 3 years

Va. Code § 8.01-246(4)

False Imprisonment, 2 years

Va. Code § 8.01-243(A)

Fraud, 2 years

Va. Code § 8.01-243(A)

Enforcing Court Judgments, 20 years

Va. Code § 8.01-251        

Legal Malpractice, 3 or 5 years (Depending on the type of contract or agreement)

Va. Code § 8.01-246(2) or (4)

Libel, 1 year

Va. Code § 8.01.247.1

Medical Malpractice, 2 and up to 10 years (Depending on the type of malpractice and when it’s “discovered”)    

Va. Code § 8.01-243(A) and (C)

Personal Injury, 2 years

Va. Code § 8.01-243(A)

Product Liability, 2 years

Va. Code § 8.01-243(A) and (B)

Property Damage, 5 years

Va. Code § 8.01-243(B)

Slander, 1 year

Va. Code § 8.01.247.1

Trespass, 5 years

Va. Code § 8.01-243(B)

Wrongful Death, 2 years

     So for pic o’ day, just in case you aren’t interested in a chart, how about a little lawsuit adversity that compares to… hand meets fist? I know… it’s getting crazy!

hand meet fist

Please click the Facebook “Share” button below this post to let others know you enjoyed reading it. Thanks!

Airline Miles “Expiration”?

Sunday, May 5th, 2013

Here is an interesting thought on contract law from an unexpected place: “Dear Abby“.   It comes from a question that she received:

 

Dear Abby: My mother is in her mid-90s and in good health. She has no intention of dying soon, but asked me an interesting question. She has mileage points with a major airline and was wondering if she can use them for the “final trip” back to her home state for burial when the time comes. Do you know the answer?

— One-Way Ticket

Dear One-Way: Your question is not only an interesting one, but it’s a first. I contacted a spokesperson for a major airline who responded that his company does not accept mileage points as a form of payment for any type of “shipment.” For her last flight, your mother would no longer be considered a passenger; she would be cargo, which is why her points idea won’t fly.

At the bottom of the article, there were some angry comments about the airlines.

disgust cat

Then some other comments provide some interesting suggestions. One suggested that maybe “Platinum status” should include allowing the miles, as part of that level’s benefits.. It was also mentioned that airlines don’t care about helping because there would be “no repeat business”. But, as one lady reminded, the movie “Die Hard” has had several bad sequels that included “Die Harder” and that the airlines should not be so short-sighted!

One thing that I have noticed, no one ever fights over the airline peanuts!

For pic o’ day, I went with a little airline cartoon humor:

maskcharge

Please click the Facebook “Share” button below this post to let others know you enjoyed reading it. Thanks!

Comments (1)

Limits on Drones for Private Use?

Monday, January 14th, 2013

 

 

Some stories of technology just really get your attention. Maybe like an Eli Manning getting tackled kind of  attention. Yes, real attention.

Okay, I admit it, I can’t take my eyes off this picture. Maybe I will just include it in every blog. It just gets me… but I digress! Like the Kentucky Fried Chicken commercial, “Game day bucket go boom”.

It’s no surprise that the  Apple rumor is already suggesting that they are coming out with iPad 5 and iPad mini 2.  That doesn’t cause the “Eli look”. But to move from my stream of consciousness detour, let’s head to the current session at the Virginia General Assembly.

Pilot Online is reporting that a Virginia state Senator is pushing legislation that would take aim at unmanned non-governmental ”drone” aircraft flying over private property or just plain snooping. This legislator says “Nay Nay!”. His legislation to limit private technology came to state Senator Frank Ruff (R-Mecklenburg County) when he read  a news story about an animal-rights group that was caught flying a small remote- controlled little plane equipped with a tiny camera.

It was flying over a hunt club in Pennsylvania and captured the images of captive pigeons being released in the air and then shot down by waiting “hunters”.  Then, the hunters saw the little drone plane and shot it down, like one of those pigeons. Game day plane go boom! (see, everything does tie in, even my mental wandering)

 

There are no known stories of  airborne private drones flying over any Virginia hunters, but Senator Ruff wants to make sure to keep that from ever happening. His Senate bill (SB-954) would outlaw “the use of a drone by a private person to monitor and photograph persons lawfully hunting on private property, when the drone is used by a private person without the permission of the landowner”.

The bill won unanimous approval in the House Agriculture, Conservation and Natural committee on Thursday. Now, it is being forwarded to the Courts of Justice Committee to debate the broader issue of prohibiting aerial photography and observation and whether that has a Constitutional protection. The issue is really to consider how far a property owner can expect privacy. If the bill is construed too broadly, it could effect commercial aerial photography and data gathering.

I expect that Google is going to weigh in on this bill. This could potentially have impact on their satellite maps. Plus, this really reaches into whether a landowner has a reasonable expectation of privacy that could even extend into air space and into outer space.

As I type those thoughts out, I believe that this legislator, with an intent to protect hunters against groups like PETA; really is going to end up facing a whole lot of opposition from other groups and services that could be impacted. Plus, maybe the hunters could even use the drones to force wildlife to their property. Just a thought!

Of course, that brings us to pic o’ day and a bit of dentistry:

Please click the Facebook “Share” button below this post to let others know you enjoyed reading it. Thanks!

Clarence Darrow’s Jury Selection

Tuesday, July 10th, 2012

Clarence Darrow was a lawyer who came to great fame with several “trials of the century” in the early 1900′s. In 1912, he was personally put on trial for jury tampering. If you haven’t read much about this famed lawyer, then go here for the story of that trial.

Previously, he had been retained to represent the McNamara brothers for the bombing of the Los Angeles Times Building. Public opinion overwhelmingly had already determined that both were guilty. So, Darrow admittedly felt that he needed to pick a favorable jury.

According to the evidence at Darrow’s trial,  for the McNamara trial, he had hired a private investigator to research the jurors. At his trial, it was determined that money was offered to two of the jurors to influence their decision on the innocence of the brothers; but that Darrow had no knowledge or intent in the act of bribery.

I have condensed much of the story. It reads like a book of law fiction. Darrow’s life, including the Scopes Trial, made Darrow larger than life. Those were the days when the community would come to the local courthouse and watch trials for an activity. Darrow’s closings were usually long. Some timed in excess of 12 hours.

Nowadays, jurors would be telling me to sit down. Of course, Judges usually ask me, if I intend to go longer than 30 minutes. With people so used to having a remote control in their hand, I’ll bet that they would unconsciously raise a hand as though they were changing the channel, if I went much longer than 30 minutes.

I was reminded of Darrow in reading a blog of a lawyer (Don Keenan). He was discussing Darrow’s focus on jury selection.  That led me to “The Last Trials of Darrow“ , a book written by Donald McRae that records Darrow’s methods in trial. It includes reference to a lady named Mary Fields Parton, who had a long-term relationship with Darrow.

After Darrow’s passing, it was she who decided to record many events from his trials. She felt that history would otherwise forget him. It was from her diary that McRae based many of the book’s quotes and details.  On page 24, McRae recites how Darrow came to determine what jurors he would consider. This  was a method, even after the bribery trial.

“Mary Field Parton accompanied by her 6-year-old niece, Kay, would knock on the front door of the juror under Darrow’s furtive investigation and ask if the little girl could use the bathroom.  Mary made it look like the sweetest of emergencies, and the juror or his wife could never resist.  The door would swing open, her niece would be taken down the passage to the smallest room, while Mary scanned any books, magazines and personal items in the family home.  Darrow placed particular emphasis on the juror’s taste in books for he believed that a man’s character and outlook was defined by his choice of reading.  He always insisted that Mary should study the shelves for a Bible, which for him represented the sure-fire symbol of a man’s moralistic bent.”

Today, we have advancements from technology to learn about others through what they post on Facebook. Does that really tell us anything? I suppose you can drive by and see if their cars have bumper stickers that would tell you what they might consider important. “Rush is Right” might be an indicator of their ideology, but does that mean that they can be fair as a juror?

The method of using someone to go into their home would certainly be considered tampering. It is relevant to know if a prospective juror has a bias or prejudice. Such knowledge cannot be gained from any kind of personal contact.

Today, pic o’ day is about old fashioned work and just going after it… even if it’s a ball.

Please click the Facebook “Share” button below this post to let others know you enjoyed reading it. Thanks!

You Can Now Vote!

Tuesday, June 19th, 2012

 

Almost all pet owners that I know, believe that their dogs are superheroes.

 

 

 

With all the excitement going on at the University of Virginia regarding their President,I’ve been reading the Charlottesville news.  I thought that the following from the Daily Progress made this dog story rather topical.

 

It’s a reminder to get out to vote, or get involved…or something like that.

 

When Bedford County resident, Tim Morris, got his mail last week; he thought that someone was playing a trick on him. There was a letter from the non-profit Voter Participation Center that was sending voter registration forms to Mozart.

Mozart was his dog who passed away about two years ago. He would have turned 18 this past week. The voter registration efforts of the Voter Participation Center are focused on encouraging young people, minorities and unmarried women to get registered to vote.

The organization told the reporter that they purchase mailing lists from vendors. They didn’t really have an explanation for why they were sending these forms to Mozart.

Jurors in Virginia are selected randomly from the voter registration list. As a juror, you must be able to read, write, speak and understand the English language. Well, I guess Mozart couldn’t meet all the qualifications to sit on a jury.

For pic o’ day, I couldn’t remember if I had posted this before, but it makes me laugh. It speaks of teamwork. Although, I’m not sure that the dog was that excited about this:

 

Please click the Facebook “Share” button below this post to let others know you enjoyed reading it. Thanks!

Airport Stealing

Tuesday, March 27th, 2012

While TSA is making passengers remove belts and shoes and throw away our bottles of water, JFK Airport reportedly has more than 200 baggage thefts per day.

I’m writing this blog as a warning. NBC in New York  just did an investigative piece on that airport and found that cash, jewelry, electronics and other personal belongings are being stolen at an alarming rate. If you click on the above story, I think that it might make you think twice about checking luggage. Apparently, expensive luggage is the primary targets but with that alarming amount of theft, it’s all fair game.

One quoted lawyer states that “the belly of the plane has become a flea market for airport employees”. JFK can’t be the only airport with this problem.  Supposedly, it’s happening on the tarmac, or as luggage is being loaded in the plane.

The airlines don’t want to report these thefts because of the impact on the industry. Experts say that more security cameras need to be installed wherever the luggage travels, including in the plane. Also, the Federal Aviation Administration needs to tighten standards including oversight and hiring requirements.

I think that there needs to be more transparency on claims of theft. We can look up leg room on a plane or whether an airline is on time. Why can’t we see claims made for theft of baggage items?

In the comments of the news story, there were several that attacked the people for having such items in their luggage. Another person questioned whether such items were really being stolen. It sounds like jury bias issues. Beyond the article, the comments are truly worth reading. Insight into thinking.

For pic o’ day I couldn’t make up my mind. We can go with two guys who obviously are not worried about their luggage on the plane:

Or, just remember to carry all your belongings with us:

Please click the Facebook “Share” button below this post to let others know you enjoyed reading it. Thanks!

Comments (5)

Believe in the Jury

Tuesday, February 7th, 2012

     Indianapolis Star writer, Bob Kravitz, included the following in his  Super Bowl article.

      “The acting manager of the LaQuinta Hotel at 21st and Shadeland was recently cleaning tables after breakfast, and came across an envelope that contained two $4,700 Super Bowl tickets and two VIP passes. This could have been her lottery ticket.

Instead, the acting manager, a 26-year-old woman named Melissa Hosei from Indy, put the envelope in the hotel safe. A few moments later, a man with a foreign accent came back downstairs and, in broken English, asked desperately about “the white envelope.”

His tickets and VIP passes were quickly returned.”

     Four breeds have never won the Westminster Kennel Dog Show: the Labrador Retriever, the Golden Retriever, the Dachshund and the Chihuahua. Now, you probably are wondering, “how do lost Super Bowl tickets,  dogs that cannot win a ribbon and a jury, all fit in the blog?”

     (I’m thinking)

     (still thinking…. wait, now I remember) 

     Yesterday, I took part in a mediation. It made me shake my head. The case is set for trial in a few months. Before the mediation started, I told the client that I expected the defense lawyer to lean forward, during his presentation; and tell her how sorry that he was about her injuries. Then, he would say that, unfortunately, his client was just not responsible for all those injuries.

     He didn’t really even do that. He did mention that there was a difference of opinion in the value of the case. (Boy was there, as we later learned). He then proceeded to try to give us a lesson on how bad verdicts have been and that the jury would believe her or her injuries. No reason to interrupt him during his presentation; but that little voice inside  me wanted to say out loud ”Come on Man”.

     ( here comes the tickets, dogs, and jury wrap-up)

     The Kravitz story that started the blog is what I see when I look at the jury. Right is still right.

      I still believe that people will hold wrongdoers accountable.  Big Business might want to eliminate the jury system or greatly influence it.  The Chamber of Commerce with big money and  big lobbying ,  may  even work to help Tobacco and its marketing.  But, even a lobbyist still has to pay attention to the Jury.  

     The Labrador Retriever is not going to stop entering the Dog show. Maybe this is the year.  In fact, shouldn’t they be judged by a jury of their peers??  (I know, that was a little weak for a metaphor. But, it was one way to give some Lab publicity.) 

     After sitting through that mediation, the blog helps a little as an outlet from seething frustration. When there is such a disagreement on value, I am thankful for the jury system. The defense attorney might just have a surprise headed his way.

(Since flying makes me a “glass-half-empty person, certainly this can’t be a real picture… can it?????)

(Note to self… this picture is not real… it’s not real!)

 I believe in people; I believe that the Lab deserves to win and I believe in the jury system. Gas up the car; Let’s put the law books in the trunk; Looks like we’re headed to the Courthouse! 

For pic o’ how about some good ole Lab pics:

Please click the Facebook “Share” button below this post to let others know you enjoyed reading it. Thanks!

Samuel Pierpont Langley Lesson

Monday, February 6th, 2012

Samuel Pierpont Langley is an amazing part of aviation history, isn’t he? What….. you don’t remember him. Well, his life teaches us a lesson for that very reason!

In the late 1800′s, Langley was known as one of America’s most accomplished Scientists. He began his career as a civil engineer. He later taught mathematics at the US Naval Academy. He even was appointed as Secretary of the Smithsonian Institute. So, I’m not trying to downplay his mind or accomplishments. But, I am fascinated with another facet of his life…. the day he gave up on his goal.

While serving at the Smithsonian, Langley was contacted by the US War Department  to commence working on “a flying machine” that would allow human beings to fly.

Langley was initially funded with 50K from the government and 20K from the Smithsonian; an enormous grant in pre-1900 days, to develop a piloted airplane. Pierpont was extremely well connected, including President McKinley, and had access to more funds and the greatest minds. He even had a tremendous PR machine falling him, which included the NY Times writing multiple articles on his progress.

At the same time, a few hundred miles away. Orville and Wilber Wright were at work in Dayton, Ohio. They had an idea about how to fly and decided to use their minimal proceeds generated from their bicycle shop to fund their pursuit.  Neither of the brothers had a college education and no one was following them to “trumpet” their accomplishments.

The Wright brothers and their team, headed to Kitty Hawk, North Carolina. There, they faced the rough winds as they attempted to get their heavier-than-air machine in flight. History tells us that each morning, they would take 5 sets of each part with them, because of their repeated failures each day.

Samuel Pierpont Langley reportedly was working in the calm winds over the Potomac River. There from a houseboat, he launched  four  flying attempts between 1891-1895. Half of his funding had gone toward the purchase and construction of the houseboat, which was equipped with a catapult that was to be used to launch the flying machine into flight.

At the time, Langley was good friends with Alexander Graham Bell and had seen the fortune and fame that had been brought to Bell, from his invention of the telephone. Langley knew that fame and fortune was within his grasp.

As time passed, pressure began to mount on Langley. With all eyes on him including the constant newspaper coverage, Congress began questioning the lack of progress. The “Brooklyn Eagle” quoted Representative Hitchcock as saying, “You tell Langley for me that the only thing he ever made fly was Government money”.

On December 17, 1903, the Wright Brothers were successful in getting their manned plane to fly. No one was there to publicize it. The public did not even know about it until later.

When Langley heard of the accomplishment, he didn’t decide to improve on the accomplishment. He made no effort to work with the Wright brothers. History doesn’t even record that he congratulated them. Instead, he quit. The Wright Brothers, without an attempt at anything but getting a plane in the air, had met their goal. Without being “first”,  Langley was done. No fame. No fortune to be had.

Sometime later, one Washington Lady reportedly attempted to converse with Langley about his experience in flying. He continually refused to talk about it. Finally, while losing her patience because of her inability to get a response, she asked Langley what it was that he did enjoy talking about. He finally replied, “Children and Fairy Stories”.

In 1906, Langley died as a bitter man. He couldn’t be first so he just focused on the “couldn’t”. When you saw his name at the top of the blog,  you probably had never even heard of him.

I am challenged by the Wright brothers. They didn’t need the NY Times to follow them around, because they weren’t working for fame or fortune. Their goal was to overcome many failures and get their plane in the air. It is a story of success based on the very fiber of the human spirit.

I look at this story, a tale of two endings, and know that it should be a challenge to me, in the field of law. Big Business may have the odds stacked in their favor. But, they don’t have the drive of the human spirit; the difference- maker in the David versus Goliath in holding wrongdoers accountable. 

Pic O’ Day reminds us all to keep on trying:

Please click the Facebook “Share” button below this post to let others know you enjoyed reading it. Thanks!

Forrest Gump Marketing

Sunday, November 27th, 2011

Bill Gramatica was a kicker from Argentina who signed with the Arizona Cardinals as their field goal kicker. Unlike any other kicker in the NFL, including even his brother Martin, who did his own crazy kicking celebration; Bill would celebrate each successful kick like an absolute leaping wild man. It was almost as though he had never seen a football game before.

In 2001, he lined up for a kick in the first half, against the New York Giants. When it went successfully through the uprights, it gave his team the first score of the game. You would have thought that Bill G had just won the game. He jumped up in the air in a spastic celebration and came crashing to earth on his knee.

His successful kick and celebration caused him to tear his knee ligament. The injury placed him on the injured list for the rest of the year and then he was cut by the team. To this day, he is placed on every “wow that’s dumb” injury.

The football coach for the Jacksonville Jaguars decided to motivate his players to keep at it. So, he brought wood and an ax for a team activity to “keep chopping wood” or to remind them to just keep at it. One of the players got so excited that he swung and missed and chopped at his own leg. Because he was the kicker, it put him out for the rest of the season. Most couldn’t decide whether to blame it on the coach or the kicker.

If you google silly sports injuries or “most embarrassing injuries”, you will find such injuries as a soccer player who got injured when he dropped a bottle of salad dressing on his foot. Another broke his arm when reaching for the remote. One baseball player fell asleep under the tanning bed and was unable to play because of his “sunburn”.

In the movie “Forrest Gump”, Gump admittedly went through life with a slow mind. His mother taught him to work hard, despite his difficulty. So, he would always repeat her saying of “Stupid is as stupid does”.

Sometimes, I think that certain businesses think that we’re all a bunch of Forrest Gumps walking around. The way they advertise is baffling. For instance, I keep seeing the same car ad that tells me that you can basically “name your own price”. Then, in real small print, there are all kinds of exceptions. Basically, it lets them turn down any price you name, after they’ve gotten you to their lot. I had to rewind and stop to see that small print nonsense.

In Federal law, there’s protection for us that is called The Lanham Act. It protects us against false advertising.

The Department of Transportation just fined Spirit Airlines for false advertising. They were advertising $9 one-way fares. To find out if were are any additional fees, they required a potential consumer to click through at least 2 web pages to find out the other fees and charges that were added on the fare. Plus they didn’t list the additional charges in their print advertisements.

I get it that we are supposed to read the fine print. It just shouldn’t be like an Easter Egg hunt to find the real cost of things.

Recent transportation reports indicate that airlines added about 10.2 billion to their bottom lines by adding on fare and baggage charges. Starting January 24, 2012, air carriers will be required to include all government taxes and fees in their advertised fare totals. Maybe we can escape the hiding of the tax, tags or made up dealer freight and set-up. Boarding early or the special tiny luggage bin fee will probably be in sight. They don’t charge that now, do they?

The charges bother me; And, the marketing bothers me. As Forrest Gump said, “That’s about all I have to say about that”.

For pic o’ day, the above makes me feel like we could all use a bit of protection against fraud pricing.

Please click the Facebook “Share” button below this post to let others know you enjoyed reading it. Thanks!

US Air Pilot Concern

Tuesday, July 26th, 2011

I enjoy reading recommendations. For books, they sometimes call them reviews. On Amazon.com, readers rate books with stars. Many times on an unknown author, it helps me determine if I want to download the book.

When I recently read a US Air Pilots review, it made me give pause about flying with US Air.

First, a pilot declined to fly because of auxiliary and battery failures. She returned to the gate and was escorted from the airport.

A second crew then declined to fly the aircraft. The article says that a rigorous maintenance and repair was done.

About 7 hours later, a third crew took off. The flight was from Philadelphia to Rome.

The US Airline Pilot’s Association took out a full page ad in USA Today that accused the airline of putting “revenues first, safety second”.

The article does list the back and forth between the airline and union. It’s interesting reading as long as you don’t have an overseas flight soon, with US Air!

Please click the Facebook “Share” button below this post to let others know you enjoyed reading it. Thanks!