07 Dec 2025, 03:55 [ UTC - 5; DST ]
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Post subject: Re: Suing a Citation aftermarket modifier Posted: 01 Jun 2016, 10:07 |
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Joined: 01/31/09 Posts: 5193 Post Likes: +3038 Location: Northern NJ
Aircraft: SR22;CJ2+;C510
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Username Protected wrote: But something good might come from the (perhaps implied) threat of involving the FAA.
You need intelligence first on the FSDOs relationship with the owner. The FAA is a political organization and the interests often do not follow facts and logic. The FSDO may be looking for a case to hang them with. Or you may find yourself the pawn between people who have a long standing relationship.
_________________ Allen
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Post subject: Re: Suing a Citation aftermarket modifier Posted: 01 Jun 2016, 10:07 |
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Joined: 05/29/13 Posts: 14577 Post Likes: +12366 Company: Easy Ice, LLC Location: Marquette, Michigan; Scottsdale, AZ, Telluride
Aircraft: C510,C185,C310,R66
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Username Protected wrote: Move on Mark, life is too short for this. Did he actually proposed $18000 to you? Nope. Proposed product for a citation I don't own
_________________ Mark Hangen Deputy Minister of Ice (aka FlyingIceperson) Power of the Turbine "Jet Elite"
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Post subject: Re: Suing a Citation aftermarket modifier Posted: 01 Jun 2016, 10:10 |
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Joined: 11/09/13 Posts: 1910 Post Likes: +927 Location: KCMA
Aircraft: Aero Commander 980
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There is zero satisfaction to be found at the courthouse.
Would you be happy winning the case but still losing more than the 25k in expenses?
If yes; then go for it.
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Post subject: Re: Suing a Citation aftermarket modifier Posted: 01 Jun 2016, 10:10 |
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Joined: 07/02/13 Posts: 3161 Post Likes: +3090 Location: Stamping Ground, Ky
Aircraft: twin bonanza
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Username Protected wrote: Just a thought, why not tell the guy you would like to sit down with him and the FAA and sort out the FSDO's take on the HSI requirement. If the feds ok his interpretatation, you would probably lose the lawsuit. If they back your interpretation, he doesn't have a leg to stand on. Bypass the lawyers for now. This way you aren't narcing on him, but you force him to put up or shut up about the HSI. If he isn't willing to go see the Feds with you, explain that you will go talk to them about his interpretation, to clarify your understanding of the requirements. Nothing good can come from involving the FAA. You don't know which direction they will start looking at things and it can backfire. This is a civil matter. Keep it that way. If you want expert testimony then find retired FAA folks. I generally agree. In this case Mark seems to have nothing to lose though, by talking to the Feds. I like Mike's idea of getting a good engine shop's take on it first. If it goes to a civil case, the Feds will end up involved anyway.
I wouldn't go to the Feds to turn him in, I would just ask them for their read on policy.
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Post subject: Re: Suing a Citation aftermarket modifier Posted: 01 Jun 2016, 10:13 |
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Joined: 11/09/09 Posts: 4373 Post Likes: +3158 Company: To be announced
Aircraft: N/A
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Mark,
Can you get me the EXACT wording of how the last engine and airframe inspections were signed off?
Bill
_________________ God created Aircraft Mechanics so Pilots could have heros. I'd rather be fishing with Andy and Opie
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Post subject: Re: Suing a Citation aftermarket modifier Posted: 01 Jun 2016, 10:16 |
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Joined: 12/10/07 Posts: 8229 Post Likes: +7965 Location: New York, NY
Aircraft: Debonair C33A
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Username Protected wrote: Would you put up 20% of the legal fees for 20% of the winnings? What winnings? The winning here is putting some hurting on the other guy. 
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Post subject: Re: Suing a Citation aftermarket modifier Posted: 01 Jun 2016, 10:26 |
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Joined: 12/03/14 Posts: 20804 Post Likes: +26310 Company: Ciholas, Inc Location: KEHR
Aircraft: C560V
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Username Protected wrote: The winning here is putting some hurting on the other guy. What do lawyers call two emotionally invested adversaries? Money. Figure out if this is really about the money or the emotion. It isn't wrong either way, but you need to be honest with yourself which it is so you can fairly judge the chance of "success", however that is defined for you. Mike C.
_________________ Email mikec (at) ciholas.com
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Post subject: Re: Suing a Citation aftermarket modifier Posted: 01 Jun 2016, 10:45 |
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Joined: 03/25/12 Posts: 7279 Post Likes: +6566 Location: KCMA - Camarillo, CA
Aircraft: Bonanza G-35
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Username Protected wrote: Nothing good can come from involving the FAA. Agreed. But something good might come from the (perhaps implied) threat of involving the FAA. An opinion from a reputable engine shop stating the engines are not airworthy also helps. First step in all these battles is to collect ammunition with as little effort and cost with the implication you can use them if an agreement isn't reached. When the defendant realizes the downsides exceed the ups, then there will be movement. Mike C. That is what I was really trying to say. Make sure you are on solid ground regarding the AIP requirements and time limits. Do you have a copy of the inspection program that the aircraft was approved under? You might have someone familiar with such programs review and advise you before proceeding. If you determine that you have ample evidence the threat of him having to deal with his POI/PMI over this should get his attention big time. If you don't feel confident in going to the FAA to present your case then it is time to back off and forget it. Doubtful you would win a court case.
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Post subject: Re: Suing a Citation aftermarket modifier Posted: 01 Jun 2016, 10:46 |
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Joined: 09/04/10 Posts: 3544 Post Likes: +3251
Aircraft: C55, PC-12
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Username Protected wrote: I say sue AND do all of the above. When you are at war, you are at war. Take no prisoners. That said, I am still appalled that it takes $100K to litigate a simple issue like that. It's not a complex accident case where you have to investigate, hire experts, do mock jury trials etc. It's a simple regulatory issue. If it is crystal clear that HSI is mandatory and the aircraft didn't have it when it was delivered to you, what is there left for the court to decide? Would you put up 20% of the legal fees for 20% of the winnings?
Wow Jesse, that was awesome. I liked Mike's formula too. Both remove the emotions and look at the math. But both sides need to look at the math. If the threat to sue was zero, then where is the incentive to settle? Just the social impact?
I'm wondering what the social impact would be? How many pilots are watching this? How many of those might deal with this "modifier" (hereinafter referred to as "MF'r") How many others would be indirectly influenced? It would be interesting to learn what the margins are in the average size deal for this MF'r. I'm just guessing but I'd think that the negative cost of the social impact for the MF'r is far greater than $25K.
Aviation is a very small world....
You'd think it'd be fairly easy for the MF'r to settle. He had very little hard cost in this. If the business was on its last legs then I could see why the MF'r wouldn't settle. People need a story. Imagine the MF'r at a party after the business closes "Hi MF'r how you doing? How's your business?" "Oh I got sued by some MF'r* and had to close"
_________________ John Lockhart Phoenix, AZ Ridgway, CO
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Post subject: Re: Suing a Citation aftermarket modifier Posted: 01 Jun 2016, 10:55 |
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Joined: 06/09/09 Posts: 4438 Post Likes: +3306
Aircraft: C182P, Merlin IIIC
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Username Protected wrote: deal with this "modifier" (hereinafter referred to as "MF'r") This is about as classic as it gets... 
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Post subject: Re: Suing a Citation aftermarket modifier Posted: 01 Jun 2016, 11:04 |
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Joined: 11/09/13 Posts: 1910 Post Likes: +927 Location: KCMA
Aircraft: Aero Commander 980
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Username Protected wrote: On the amount of money this is, I find that after months of paying legal fees, and you know it will be months, are you still going to be pissed? I have found I can not stay that mad that long and still front the costs of being pissed. If I put that much energy in my business as I did being pissed I would have made it back double. And my wife hates to hear it every month I'm mad because I just received another bill for legal costs. I end up in arbitration and that's where I should have gone from the beginning and then I'm pissed that I just pissed away all that money, for what? A big pissing match. Truth!
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Post subject: Re: Suing a Citation aftermarket modifier Posted: 01 Jun 2016, 12:13 |
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Joined: 02/12/09 Posts: 1376 Post Likes: +262
Aircraft: B95A Travel Air
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Username Protected wrote: But something good might come from the (perhaps implied) threat of involving the FAA.
You need intelligence first on the FSDOs relationship with the owner. The FAA is a political organization and the interests often do not follow facts and logic. The FSDO may be looking for a case to hang them with. Or you may find yourself the pawn between people who have a long standing relationship.
This is someone who understands the underbelly of aviation. Also, the FAA is likely to go after all parties when someone brings something like this to their attention. Kind of like a deterrent to frivolous complaints. Not saying this is frivolous.
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Post subject: Re: Suing a Citation aftermarket modifier Posted: 01 Jun 2016, 13:04 |
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Joined: 01/31/10 Posts: 13631 Post Likes: +7767 Company: 320 Fam
Aircraft: 58TC
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Username Protected wrote: Would you put up 20% of the legal fees for 20% of the winnings? What winnings? The winning here is putting some hurting on the other guy. :bat:
I'll take that as a "no".
_________________ Views are my own and don’t represent employers or clients My 58TC https://tinyurl.com/mry9f8f6
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Post subject: Re: Suing a Citation aftermarket modifier Posted: 01 Jun 2016, 13:18 |
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Joined: 08/01/11 Posts: 6931 Post Likes: +6206 Location: In between the opioid and marijuana epidemics
Aircraft: 182, A36TC
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Mark,
Be cautious with this. Remember you as the operator are responsible for determining the airworthiness of the aircraft. The local FSDO here will hang you for this. I had a STC done years ago with a missing signature. They threatened to fine me and/or suspend my license if I flew that airplane. I had to ground it until some parts could be replaced and a new signature applied. All it needed was a signature but the company had a new IA that refused to sign it, so they made it right by installing new parts and getting a new signature. Case closed.
When you deal with the government, it is all about paperwork and rules.
In a different story, a friend of mine had an engine overhauled in North Carolina by some experts. Engine lasted 1.5 hours in a Stinson. Oil everywhere. Turned out they used car parts (had stampings from a company that never made aircraft parts) and pistons that were way out of spec and were rubbing the cylinders which filled the engine full of metal. FAA got involved. No action, no fines as the overhauler was not an FAA certified shop and they did not violate any particular FAR's. I witnessed this all happen first hand in total disbelieve.
No joke. Apparently there is no FAR which makes it illegal to put together a junk engine with car parts? sad, but true. Final conclusion from FAA "Inconclusive". They will no longer talk with my friend about the case.
_________________ Fly High,
Ryan Holt CFI
"Paranoia and PTSD are requirements not diseases"
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