(The Woodlands, Texas – June 6, 2018) The United States Court of Appeals for the 5th Circuit has once again ruled in favor of airman Richard Boeta and against the NTSB, which had previously sought to a firm the suspension of Boeta’s airline transport pilot’s certificate for 60 days, in a case defended by former LPBA President Gary L. Evans and his firm, Coats & Evans, P.C. In its initial ruling, the 5th Circuit took the very rare step of reversing decisions of both a National Transportation Safety Board Administrative Law Judge, who had upheld the suspension, and the National Transportation Safety Board, which had rejected Boeta’s initial appeal. However, the NTSB failed to comply with the 5th Circuit’s Mandate, by refusing to expunge the purported suspension from Mr. Boeta’s air transport pilot certificate records, which Boeta took up on appeal once again to the 5th Circuit in late 2017. Instead of expunging the suspension as directed by the 5th Circuit, the NTSB had originally sought to include a statement that “the Administrator’s 60-day suspension of respondent’s ATP certificate is waived”, and the NTSB would later argue that such a statement is equivalent to the expunction ordered by the Court of Appeals. The 5th Circuit’s June 6, 2018 Opinion granted Mr. Boeta’s Petition for Review of the NTSB Remand Order EA-5800, vacated the Remand Order issued by the NTSB, and remanded the case to the NTSB, once again, to expunge the suspension from Mr. Boeta’s air transport pilot certificate. The 5th Circuit found that the NTSB had failed to comply with its Mandate, once again ordering the NTSB to “fully comply with our prior opinion”. Boeta is currently seeking an award of attorneys’ fees and expenses against the NTSB under the Equal Access to Justice Act for the unreasonable position it has taken in this case.
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