X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Appeal from the United States District Court for the Southern District of Texas

Zephyr Aviation, L.L.C. (Zephyr) appeals the dismissal of its constitutional tort action against Robert Alan Dailey and Kenneth Wayne Clary (the Defendants). Zephyr contends that the FAA’s administrative remedies do not contemplate constitutional tort actions against FAA inspectors in their individual capacity, and, therefore, the district court erred in dismissing its claims for lack of subject-matter jurisdiction after concluding that Zephyr failed to exhaust its administrative remedies. Zephyr also contends that the district court erred in dismissing its claims under Rule 12(b)(6) before any discovery took place. Though we agree with Zephyr that its suit should not have been dismissed because of a failure to exhaust administrative remedies, we ultimately conclude that Zephyr has failed to state a claim for which relief can be granted. Therefore, we AFFIRM the district court’s judgment of dismissal.

Factual and Procedural Background

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Global Leaders in Consulting (GLC) 2023

February 16, 2023
London

The Global Leaders in Consulting awards are for those who are making a big impression within the industry, but also worldwide.


Learn More

Complex Claims & Litigation Forum 2023

February 27, 2023 - March 01, 2023
Henderson, NV

Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases.


Learn More

Women, Influence & Power in Law UK Awards 2023

March 08, 2023
London

Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More

Bolton Caldwell Fellowship-Solicitor General Division


A. Bolton Caldwell Fellowship Solicitor General Division: The West Virginia Attorney General's Office welcomes applications from recent la...


Apply Now ›

MID-LEVEL ASSOCIATE: Traditional Labor


The Los Angeles office of Epstein Becker & Green is seeking an attorney to work at the level of a mid-level associate in its growing nat...


Apply Now ›

MID-LEVEL or SENIOR ASSOCIATE: Labor & Employment Litigation


The Newark office of Epstein Becker & Green is seeking an attorney to work at the level of a mid-level or senior associate in its growin...


Apply Now ›

O'CONNOR, PARSONS & LANE

01/30/2023
NJLJ Web

O'CONNOR, PARSONS & LANE are proud to announce that R. Daniel Bause and Robert A. Ballard, III have become partners of the firm.


View Announcement ›

POND LEHOCKY STERN GIORDANO

01/26/2023
TLI Web

Pond Lehocky Giordano LLP would like to congratulate Jerry Lehocky and his team on PA's largest workers' compensation settlement.


View Announcement ›

ABOTA NNJ

01/23/2023
NJLJ Web

ABOTA NNJ would like to announce...


View Announcement ›