Alaska Employment Law

U. S. District Judge Ralph Beistline has remanded a passenger’s claim that Hageland Aviation violated various FAA regulations, holding that 1) the Federal Aviation Act doesn’t “completely preempt” state court jurisdiction over claims that concern aviation safety, and that 2) the passenger’s claim didn’t present a “federal question” for purposes of Section 1331 jurisdiction.  

In rejecting the claim of “complete preemption,” Beistline agreed that the FAA preempts state liability standards, but found that such preemption was not inconsistent with state tort remedies applying federal liability standards.

On the “federal question” issue, Beistline noted the absence of any challenge to the validity of the FAA.  He inferred from the passage of the 2002 Multiparty, Multiforum Trial Jurisdiction Act, which provides for federal jurisdiction over cases arising from accidents (including aviation accidents) that cause 75 or more deaths, that “there [must] be no federal jurisdiction in most aviation safety cases.” 

Beistline’s holding is a (self-acknowledged) reversal of his earlier decision  in Alexie v. Hageland Aviation, 4:07-cv-00031-RRB. 

It’s not clear why WESTLAW published this Fall 2008 case at this point.

O.S. v. Hageland Aviation Services, Inc., 2008 WL 5979818 (D.Alaska Sept. 5, 2008)

Plaintiffs are represented by Myron Angstman of Bethel and Russ Winner of Anchorage.  Hageland is represented by Craig Howard and Bob Richmond of Richmond & Quinn in Anchorage.