Dillmon v. Nat'l. Transp. Safety Bd., No. 08-1390 - DC Circuit
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Dillmon v. Nat'l. Transp. Safety Bd., No. 08-1390

In a petition for review of the National Transportation Safety Board's (Board) order upholding the Federal Aviation Administration's (FAA) emergency revocation of petitioner's airman and medical certificates, the petition is granted where: 1) the Board departed from its precedent when it reversed the ALJ's decision without addressing the ALJ's credibility determination in petitioner's favor; and 2) the Board diverged from its precedent by refusing, without adequate explanation, to accept petitioner's testimony that he subjectively thought a questionnaire did not require him to report his felony bribery conviction.

Read Dillmon v. Nat'l. Transp. Safety Bd., No. 08-1390

Appellate Information

Argued October 6, 2009

Decided December 8, 2009

Judges

Opinion by Judge Brown

Counsel

For Petitioner:

Weldon E. Patterson, Washington, DC

For Respondent:

Agnes M. Rodriguez, Senior Attorney, Federal Aviation Administration, Washington, DC