697 F.3d 1092
9th Cir.2012Background
- USAU indemnified the aircraft owner and pursued subrogation against Nabtesco for a nose landing gear actuator defect causing a runway accident.
- Actuator 339 was manufactured April 1990 and installed on a Cessna 550 on Oct 24, 1990, with delivery to the first purchaser on Oct 30, 1990.
- Actuator 339 was later removed, overhauled, and installed on the Cessna 560 that suffered the accident on Apr 2, 2007.
- The accident occurred Aug 17, 2009, and Nabtesco moved for summary judgment based on GARA’s 18-year repose; USAU argued the repose runs from the accident aircraft’s delivery date.
- The district court held the repose began with the first delivery of the actuator to its first purchaser, applying GARA § 2(a)(1)(A); USAU appealed.
- The court construed “aircraft” in GARA as including the aircraft’s component parts, aligning the repose with the actuator’s delivery date to its first purchaser.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether GARA §2(a)(1)(A) starts the repose at the accident aircraft’s delivery or includes parts. | Airplane delivery date governs; including the accident aircraft’s delivery starts the clock. | Repose should be tied to the accident aircraft or to the aircraft separately, not to the parts. | The statute is ambiguous but favors interpreting “aircraft” to include parts; start date is actuator delivery to its first purchaser. |
Key Cases Cited
- Blazevska v. Raytheon Aircraft Co., 522 F.3d 948 (9th Cir. 2008) (summary judgment deference for uncontested facts and statutory construction)
- Lyon v. Augusta S.P.A., 252 F.3d 1078 (9th Cir. 2001) (GARA’s 18-year repose and its application to aircraft and parts)
- Caldwell v. Enstrom Helicopter Corp., 230 F.3d 1155 (9th Cir. 2000) (GARA 18-year repose for general aviation aircraft and parts)
- Am. Bankers Ass'n v. Gould, 412 F.3d 1081 (9th Cir. 2005) (statutory interpretation within a regulatory regime)
- United States v. Buckland, 289 F.3d 558 (9th Cir. 2002) (statutory interpretation and legislative history guidance)