Airplanes / Aviation

Here in New York City, the headquarters of Above the Law, we’re still dealing with the aftermath of the Great Blizzard of 2010. Check out our slideshow for some images (like the one at right).

Although the snowstorm ended on Monday, and it’s now Wednesday night, many streets remain unplowed and many sidewalks uncleared. Mayor Michael Bloomberg, generally praised for his tremendous competence, is taking a lot of flak for the city’s inadequate response.

And that’s just in terms of politics and public relations. Wait until the lawyers get involved!

What possible causes of action could arise out of the snowstorm? Let’s discuss….

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More fun than document review?

I’m surprised we’re not seeing more of this. As TSA continues to scan and/or feel-up everybody who gets on a plane, raising questions under the Fourth Amendment, an Oklahoman woman stripped down to her underwear to prove a point.

According to a report by News 9 – Oklahoma, Dr. Tammy Banovac, 52, arrived at the Oklahoma City airport wearing an overcoat and in a wheelchair. When she got to security, she removed the coat, revealing her curvaceous figure — clad in nothing but a black bra and panties. She refused to go through the metal detector, so she had to be subjected to a pat-down.

Is there video? Would I be posting this if there wasn’t?

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We’ve received a number of email messages from readers today conveying some very sad news. In the words of one correspondent, “Texas lost one of its finest lawyers, as well as a great man and father, last night.”

On Tuesday night, prominent Texas lawyer Gregory Coleman — name partner at appellate boutique YetterColeman, former Solicitor General of Texas, and former partner at Weil Gotshal — was killed in a plane crash. Said a second source: “I think most folks in Texas would regard him as one of the best, if not the best, appellate lawyer in the state.”

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This morning, the Senate had a TSA oversight hearing to discuss serious issues around secure air travel, notably the use of see-through-your-clothes scanners and aggressive “crotchal area” patdowns. A highlight was the TSA head offering any of the senators that wanted one a sample patdown to experience it for themselves. No happy ending guaranteed.

For the patdowns and scanners, that is. “There must be a way to figure out how to do what’s necessary… and for the privacy concern to be addressed because it’s legitimate,” said Senator Kay Bailey Hutchison in her opening remarks.

Frequent flyers are increasingly annoyed with their air travel experiences, whether they’re being scanned, felt up, paying for extra bags, or having their flights delayed or canceled. One U.K. man turned to Twitter in January to vent his frustration when his visit to a lady friend in Ireland was thwarted by a snowstorm. Paul Chambers tweeted, “Robin Hood airport is closed. You’ve got a week and a bit to get your sh*t together, otherwise I’m blowing the airport sky high!!”

The British sense of humor tends to be dry. Chambers’s was too dry for the courts there. He was convicted of being a menace and ordered to pay $4,800 in costs and fines. When his appeal was denied last week, it caused an explosion on Twitter. And those protest tweets will soon be turned over to police…

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In a reader poll we took back in August, 80 percent of you expressed the view that JetBlue flight attendant Steven Slater, famous for his on-board meltdown and dramatic exit, is not a criminal (or shouldn’t be treated as one).

Well, now he is. This morning Steve Slater pled guilty to second-degree attempted criminal mischief, a felony, and a lesser charge of fourth-degree attempted criminal mischief, a misdemeanor. Although flight attendants are used to spending long periods of time in confined spaces, Slater isn’t getting any prison time.

Pursuant to the plea agreement, Slater must go through at least one year of mental health counseling and substance abuse treatment. If he completes the program in satisfactory fashion, the felony charge will be dismissed, and he’ll be sentenced to a year of probation on the remaining misdemeanor count.

Did anything exciting happen at the hearing? Did Slater take a page from his JetBlue playbook, call Judge Marcia Hirsch a “f**king asshole,” and tell her to “f**k off”?

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We touched upon this issue in Morning Docket, both today and yesterday: Is Steven Slater — the JetBlue flight attendant who reportedly unleashed a profanity-laced tirade over the airplane’s public-address system, before fleeing the plane via the emergency-evacuation chute, beer in hand — a criminal?

Slater was hit with felony charges of criminal mischief and reckless endangerment, on the reasoning that the deployed evacuation chute could have hit someone below. But his lawyer argues that there was no endangerment, since Slater — a flight attendant with about 20 years of experience, since he entered the business at age 19 — checked to make sure nobody was below before deploying the slide.

Let’s explore the legal issues a bit more — with the help of one of our favorite commentators, memoirist turned litigatrix Elizabeth Wurtzel….

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Part of the frustration is this incredibly long build-up to nothing. Like, ‘Why did I spend 22 years getting A’s and studying for the chance to eat canned chili?’

… I was in the airport watching people move bags from the curb to the curbside check-in, thinking, ‘At least they do something all day long, and I have $450,000 in education and fancy everything, and I’m sitting around all day and watching 2.5 movies a day?’

Brad, a 28-year-old New York lawyer who was unemployed for six months. (Gavel bang: The Careerist.)

airplane cabin 2 Above the Law Legal Blog.jpgThe story we’re about to share with you is great, gossipy fun. But we must warn you that it’s not for everyone. It’s on the long side, and it’s aimed at a rather narrow demographic.

It’s most likely to entertain (1) current or former Ninth Circuit clerks and (2) people who follow the federal judiciary very, very closely. If you were a reader of Underneath Their Robes back in the day, then this story is for you.

In recognition of its “inside baseball” nature — and so as not to inflict it upon people who just want Biglaw salary info — we’ve placed the complete story after the jump.

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