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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111657
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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The FAA changed rules in the last year. I have been

Customer Question

The FAA changed rules in the last year. I have been repeatedly at night been woken up by low flying cargo planes passing directly over my house. I intended on he basis of extreme nuisance to bring a small claims action against the airline. My intent would be to jbe part of a movement to get this problem mitigated.
However I have been warned that even if the claim is almost certain to win, that I might be faced by a sc-135 motion to motion to vacate judgement followed by an sc-140 appeal to transfer to a civil court with the then prospect of endless and expensive legal moves by the airlines to reverse the small claims judgement.
Is this a real problem? What steps could I take to avoid it.
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It is a real problem because what you are seeking is 1) an injunction, which is beyond the power of small claims and 2) to adjudicate a claim on an issue where federal law occupies the field, meaning your claim has to go to federal court.
If you are complaining about the FAA rules, then the state courts cannot interfere in a federal agency rules and that means you have to take the matter to the FAA first for an appeal based on the nuisance created and then to the US District Court. So CA small claims really will not give you the justice you are seeking I am afraid.