Amendments to 831.11

1. Thomas Brooks Chartered v. Burnett

   920 F.2d 634 (10th Cir. 1990)   Cited 50 times

   • Motion for summary judgment
   1 more...

   After my preliminary examination I selected parties to the investigation in accordance with the criteria set forth in Section 831.11 of the NTSB Accident Investigation Procedures ( 49 C.F.R. 831.11) on the basis of need for their active assistance in the technical aspects of the crash investigation.

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2. Chiron Corp. v. National Transp. Safety Bd.

   198 F.3d 935 (D.C. Cir. 1999)   Cited 42 times   1 Legal Analyses

   Neither can the right be found, as petitioners argue, in either NTSB's regulations or a Guidance that NTSB gave petitioners as parties to the investigation. Nothing in the regulations speaks to the rights petitioners seek to enforce, and the Guidance is not a source of law enforceable against NTSB. Petitioners point to a handful of regulations that they argue create a right to information, but they are grabbing at straws. 49 CFR § 831.11( a), which states that NTSB shall only appoint parties who "can provide suitable qualified technical personnel actively to assist in the investigation," does not, as petitioners argue, require NTSB to provide parties with all the facts of an investigation. Rather, the regulation speaks only to qualifications necessary to become a party: The corporation or individual must provide someone who has the time and expertise to assist the investigation. Likewise, § 831.11( a)(4), which provides that the FAA and other qualified entities will have "the same rights and privileges . . . as other parties" does not itself provide rights to any party. Finally, § 831.14(a) cannot, as petitioners argue, endow parties with any rights, because it…

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3. Shanks v. Alliedsignal, Inc.

   169 F.3d 988 (5th Cir. 1999)   Cited 64 times

   • Motion for summary judgment
   4 more...

   Shanks also argues that NTSB policy precludes Allied's immunity claim. Specifically, Shanks points out that parties to an accident investigation are required to sign a "Statement of Party Representatives" See 49 C.F.R. § 831.11(b). The statement provides, among other things: "By placing their signatures hereon all participants agree that they will neither assert nor permit to be asserted on their behalf, any privilege in litigation, with respect to information or documents obtained during the course of and as a result of participation in the NTSB investigation."

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4. Jobe v. Nat'l Transp. Safety Bd.

   1 F.4th 396 (5th Cir. 2021)   Cited 3 times   1 Legal Analyses

   Aircraft accidents are investigated by the NTSB, which conducts "fact-finding proceedings" to determine probable cause and issue safety recommendations. See 49 C.F.R. § 831.4 (2016) ; 49 U.S.C. § 1131(a)(1)(A). The agency does not assess "rights or liabilities," and its final report cannot be admitted in a civil action. 49 C.F.R. §§ 831.4, 835.2 ; 49 U.S.C. § 1154(b). Investigations are supervised by an "Investigator in Charge" ("IIC"), 49 C.F.R. § 831.8, who may designate "parties" to the investigation. Id. § 831.11( a)(1). A party is an entity "whose employees, functions, activities, or products were involved in the accident or incident and who can provide suitable qualified technical personnel actively to assist in the investigation." Ibid. Parties are under the NTSB's direct supervision. Id. §§ 831.8(b) ; 831.11( a)(2). Non-agency parties must sign a "Statement of Party Representatives to NTSB Investigation," id. § 831.11( b), which commits them not "to prepare for litigation or pursue other self-interests." Parties may not be represented "by any person who also represents claimants or insurers," or "occup[ies] a legal position," id. …

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5. Mullins v. State

   855 So. 2d 720 (Fla. Dist. Ct. App. 2003)

   Jerome Mullins was charged with one count of possession of a forged bill in violation of section 831.11, Florida Statutes (2002). This section reads:
6. State v. Haas

   433 So. 2d 1343 (Fla. Dist. Ct. App. 1983)   Cited 1 times

   I concur with the result reached in this case because I agree a blank, unsigned cashier's check is no more than a scrap of paper, and certainly not a formal bank bill or note. § 831.11, Fla. Stat. (1981). However, I disagree with the limited interpretation given to section 831.11, Florida Statutes (1981), by the majority. Since state banks and even national banks no longer issue bank bills or notes which pass as "money," because the United States Treasury now has this function, under the majority view this statute has been in effect repealed by a changed banking practice and it no longer has any force or effect.

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7. Caves v. Beechcraft Corp.

   Case No. 15-CV-125-CVE-PJC (N.D. Okla. Jan. 29, 2016)   Cited 2 times

   • Motion to compel discovery

   The IIC is responsible for selecting participating parties to the NTSB's investigation. Brooks, 920 F.2d at 637; 49 C.F.R. 831.11(a).

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8. Miller v. Rich

   723 F. Supp. 505 (C.D. Cal. 1989)   Cited 1 times

   7. The Ninth Circuit has strictly construed 49 C.F.R. § 831.11(a) observing:

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9. Miami Herald Media Co. v. Fla. Dep't of Transp.

   345 F. Supp. 3d 1349 (N.D. Fla. 2018)   Cited 3 times

   • Motion for summary judgment
   • Motion to dismiss

   FDOT was designated as a "party" to the bridge investigation just two days after the collapse occurred. ECF 12–3 ¶ 3 (Drummond Decl.) The investigator in charge ("IIC") of the investigation instructed FDOT to keep confidential all records collected by the NTSB as part of the NTSB's investigation, including records submitted by FDOT. Id. ¶ 4. By regulation, 49 C.F.R. § 831.11(d), FDOT was required to certify—and did certify—that the agency and its employees would comply with all NTSB directives. ECF 2–8, Ex. 7.

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10. PHI Inc. v. Aero Propulsion Support, Inc.

    CIVIL ACTION NO. 6:18-cv-01491 (W.D. La. May. 16, 2019)

    • Motion for summary judgment
    • Motion to dismiss
    1 more...

    49 C.F.R. § 831.11(a)(3).

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