Florida Lawyer News Services | Robbins Equitas

Aviation Insurance Newletter for Fall 2009

TOPICS INCLUDE:

BAD GAMBLE: LESSONS FROM AN INDEMNITY CLAIM THAT WENT SOUTH

OVER-60 PILOTS: THE IMPACT OF AGE ON SAFETY AND RISK FACTORS

LOOKING BACK: FOLLOWING THE HISTORY OF FRONTIER AIRLINES

Wojciechowicz v. United States

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Florida Aviation Law Update Newsletter for Fall 2009

TOPICS INCLUDE:

FILE A LIEN: THE EQUITY IN AIRCRAFT CAN GET YOU YOUR MONEY

ONLINE TRAINING: WEIGH IN ON PILOTS EARNING ONLINE CREDENTIALS

LOOKING BACK: FOLLOWING THE HISTORY OF FRONTIER AIRLINES

BIO-DIESEL AS ONE SOLUTION TO OVERCOMING THE FUEL PRICE ISSUE

THE AIRCRAFT BROKERAGE MARKET

THE ROBBINS EQUITAS LAW FIRM WILL NOT ATTEND NBAA THIS YEAR

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Homeowners Association Ordered to Pay Legal Fees of Resident in Pickup Truck Parking Case

Tampa, Florida (September 23, 2009) – A Hillsborough County judge has ruled that a local homeowners association must pay the legal fees incurred by one of its residents in a dispute over parking his pickup truck in his driveway. The Eagles, a gated community in northwest Hillsborough contended that pickup trucks are required to be parked in a residents’ garage, and not the driveway. In December Circuit Court Judge Martha J. Cook ruled in favor of homeowners A.J. and Doree Vizzi. The ruling issued by the court found that the association’s interpretation of the documents governing the parking of vehicles within The Eagles was “utterly unreasonable.” Click here to read the official order.

The Vizzi’s parked their pickup truck in their driveway for 9 years before the homeowners association filed a lawsuit in 2006 that sought to force them to park it in their garage. Now the court has ruled that the Vizzi’s are entitled to have their legal bills paid by the HOA. The Eagles attorney argued that each side should bear their own costs and fees in the case. But the court disagreed, stating “…clearly the Vizzi’s, who were sued and forced to defend themselves, prevailed on the significant issue of the case. It would be most unfair to force the Vizzi’s to forego entitlement to their fees and costs.”

The Vizzi’s attorney, Daniel Anderson of the law firm Robbins Equitas, said when the initial ruling was issued in December, “I thought the association would drop the lawsuit when it became clear there was no way they could win.” But the association has now appealed the ruling in favor of the Vizzis and Anderson said that residents of The Eagles may ultimately be required to pay for the attorneys fees incurred in connection with the appeal as well.

Eagles residents previously voted more than 3 to 1 to eliminate pickup truck parking restrictions altogether. Anderson said he and the Vizzis feel badly for other Eagles homeowners that may have to pay a special assessment in order to come up with the money to pay the Vizzis’ fees. “Unfortunately,” Anderson said, “it appears that other homeowners within The Eagles are going to suffer the consequences of the decisions made by their homeowners association.” Anderson noted that the Vizzis remain willing to resolve the case altogether in order to minimize the impact on Eagles homeowners, but that it does not appear likely that the association will agree to a settlement.

According to Anderson, the court divided the attorney’s fee issue into two parts: entitlement and amount. The court has determined only that the Vizzis are entitled to be paid by the homeowners association for their fees and costs but has not yet ruled on the amount the association will be required to pay. Anderson said he expects the association to appeal this latest ruling as well which will “only dig a deeper financial hole for Eagles homeowners.”

Why is one of the nation’s leading aviation law firms boycotting the NBAA convention?

ORLANDO, Florida- For several years, the aviation law firm of Robbins Equitas exhibited at the annual NBAA convention. The firm’s attorneys, often garbed in wigs and robes for the event, doled out free legal advice to hundreds of NBAA members.  They were the only lawyers who did so.

Regrettably, they will be sorely missed this year. The firm says that it is boycotting the 2009 convention.  Here is why:

Each year, the NBAA selects attorneys and other experts to host seminars and educational events during the annual convention. Topics include aviation ownership structures and transactions, aviation taxation, new and changing regulations, human resources, risk management, insurance, and much more.

Since 2006, Robbins Equitas, has asked the NBAA for permission to participate in these seminars.  Oliver J. Janney, Esq. (footnote) and J. Christopher Robbins (footnote) each volunteered to speak, host, or participate in panel discussions.

The firm did not expect to have this opportunity as a matter of right.  Indeed, it expected the NBAA to make decisions on the basis of merit.  Yet as the only law firm in the country that consistently showed loyalty and dedication by exhibiting at the convention, it expected the NBAA brass to consider our requests to participate in good faith. They did no do so, the firm says.

After three years of letters, phone calls, and conversations with NBAA staff at the conventions, the firm’s partners have concluded that neither merit, nor experience, nor education, nor skills much matter.  The firm even tried money. It offered to speak for free (NBAA charges for these events).  When that didn’t work, it tried the opposite approach: on the theory that the NBAA’s idea of a qualified speaker might be one who stroked a large check.  It tried that, too.

At the 2008 convention, a partner at the firm says he thinks he may have finally received an honest answer to the question: “How does the NBAA choose its speakers?” One of the NBAA employees we spoke to over the past three years indicted that it might come down to “who you know.”

One of the best aspects of the aviation industry is that the sky – not social status or who you know – is the limit.  New aircraft, trend setting products and services, start-up companies, and emerging technologies succeed (or fail) on their merits.  That’s the way the free enterprise system works.

So this year, instead of paying thousands of dollars to shuttle, feed, and house half a dozen of our lawyers and staff to exhibit, the firm is instead going to hold a three-day open house at its Orlando office.

Just as in previous years it will offer free legal advice and assistance on any issue the community might have.  The firm will have its books and databases ready, and will be able to answer most regulatory questions that fall under Part 121, 135, or 145.  The firm is also going to have private tutorials for on how to structure transactions, lien aircraft, creditors’ rights when aircraft owners file bankruptcy, trends in products liability laws, and much more.

The firm’s Orlando office is just minutes from the Orange County Convention Center.  It will have fresh pastries, a catered lunch and open bar throughout the day and evening.  A driver will be available to pick you up and take you back to the convention at your convenience.

Please RSVP by emailing at crobbins@aviation-law.org or calling our Denver office: (720) 254-9110.  As always you can Chris anytime if you have a legal matter to discuss.

FOOTNOTE Mr. Janney is Harvard Law School graduate with 38 years of experience.  He was general counsel of RKO General when it owned Frontier Airlines.

FOOTNOTE Mr. Robbins is a former law clerk to a federal judge, a professor of law, and published author on a variety of aviation law and aviation insurance issues.