You will receive a copy of the recorded presentation at the email address you provided. If you do not receive an email, please check your spam filter.
Some common questions about aviation noise claims and the Federal Torts Claims Act include:
- Can a claim under the Federal Tort Claims Act be raised in federal court as a class action?
- Yes, there is no bar from raising a Federal Tort Claim Act lawsuit in federal court as a class action. There is, however, one big hurdle. Each class member must have filed an administrative claim with the agency in question.
- What are potential costs to file the initial Form 95, and then potential cost of a lawsuit in federal court?
- There is no cost to file a Standard Form 95 to begin the administrative claim process. However, you do want to ensure that you have included all of the relevant facts and theories when you file it, so you may want to consult with an attorney before filing your administrative claim. The cost of filing a lawsuit in federal court can be quite expensive, although attorneys are limited to recovering 20% of the claimed amount in addition to their costs.
- Would this work better as a national coordinated effort on the part of residents living under flight paths and affected by noise and air pollution caused by aircraft?
- Certainly, if more people were to file claims against the FAA, the FAA would be more likely to pay attention to the issues that were raised. It is also more likely that elected representatives would pay attention to the issue as well, which may result in legislative change that would benefit the residents living under flight paths.