Should a USPA member who is suing to shutdown a USPA Group Member Drop Zone be allowed to jump at any USPA Group Member Drop Zone?

[Andy9o8 2]

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There are no alternates.

I don't get it. It's standard procedure to provide for the possibility of a juror having to drop out by either (a) picking a couple of alternates, or (b) getting all parties' attorneys to formally agree, in advance, to having "X" number fewer than the original members of the jury. It just boggles me that the judge failed to do this.

[propacker 0]

thanks John for the explaination.
I thought it was common practice to ask the potential jurors if a 3-5 day court case would be a hardship before selection began. and it should also have been fairly easy for her to get a rescheduling of her jury summons for a hardship case before she even showed up. wonder why she waited till the trial began?

[JohnRich 4]

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Andy9o8: I don't get it. It's standard procedure to provide for the possibility of a juror having to drop out by either (a) picking a couple of alternates, or (b) getting all parties' attorneys to formally agree, in advance, to having "X" number fewer than the original members of the jury. It just boggles me that the judge failed to do this.

Yep, and I don't know how or why they went with only 12. Obviously a poor choice.

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propacker: I thought it was common practice to ask the potential jurors if a 3-5 day court case would be a hardship before selection began. and it should also have been fairly easy for her to get a rescheduling of her jury summons for a hardship case before she even showed up. wonder why she waited till the trial began?

They did ask them all the hardship question, and none objected. There were also a half-dozen who asked to be released from the jury pool, and the judge declined all of them, asking them to sit tight. He knew that the odds of them being selected were slim, and that then they'd be released at noon anyway.

The problem juror was a Hispanic female, and if I recall correctly, she had a clerk-type job. I'm wondering if her claim to have a dying father was false, designed to get her out of jury duty. After all, people don't just very suddenly start dying of cancer - it's a slow process that comes on for quite a while, and doesn't catch you by surprise like this. If she lied about it for her own selfish reasons, she wasted the time of about 70 people for half a day. The lady did go back to the judge's chamber with the lawyers for a while, so there was some kind of discussion about it.

[stratostar 5]

In a recent phone call from a FSDO inspector who is conducting a safety study on a part 13 case, asked me about on airport landing areas for parachutes. My reply was based on the fact that that airport sponsor claimed there was no safe useable space for parachute landings on the airport.

I pulled out the Skydive Paris TN vs Henry county case (quoted in earlier post by me) and in fact I had sent it to the inspector about two weeks earlier in ref to the claims made by the city for his reading of general counsel (from wash dc offices) findings.

While discussing the "there is no safe useable space for parachutes" claims I said "all the land between the runways and taxiways are safe & fair and legal according to the office of general counsel and if the airport sponsor wants to refuse to allow use of other more suitable locations on the airport, then I will use the OFA area!"

His reply was: "I see nothing in the regulations that says you can't use the runway for landings"

I think it is very clear from a number of FAA findings and case law the stance on this issue by the FAA, your mileage may vary from FSDO to FSDO and inspector to inspector.

IMHO the reason you will not see the FAA seek a rule change to make more clear as to the "right of way" in regards to parachutes is because they have already made it clear and it has been their view for over 40 years and I don't expect to see that change in the near future.

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“While we would not presume to call skydivers ‘aircraft’, there exists a longstanding precedent for affording skydivers the same operational latitude given to an aircraft in flight or while taxiing"

That quote is right from the office of general counsel of the FAA in Washington DC. (you know the lawyers who make up the laws for the nation airspace system)

you can't pay for kids schoolin' with love of skydiving! ~ Airtwardo

[cloudwlking 1]

Are there any updates or pending events?

[awagnon 0]

I made three jumps at SD Houston during a travel lay-over the Monday after Thanksgiving. There was no hint of any of this. The staff and jumpers couldn't have been more friendly and professional. I certainly wish them well in their legal battle with these eight jerks.

Alton

"Luck favors the prepared."

[JohnRich 4]

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Are there any updates or pending events?

The re-trial doesn't begin for several months yet. Nothing new happening as far as I know. The homeowners continue to use the airport as before, without impediment by us, despite their court claims to the contrary.

[BirdWoman 0]

I know Todd and Skydive Houston was back in the court room today, but don't know for what. John, any idea how it turned out??

"I don't know where it is that I'm going, but wherever it is there I'll be!" --quoted by me

[JohnRich 4]

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I know Todd and Skydive Houston was back in the court room today, but don't know for what. John, any idea how it turned out??

I was out of town until yesterday for the x-mas holiday, and didn't even realize there was a hearing. So someone else will have to jump in here and post an update. Apparently it's good news, but I don't know of what kind. This would have been some kind of pre-trial motions.

[Beachbum 0]

Can't claim to know all about it, but from talking with Todd the other day, at least part of it was about expert evidence. If I understood correctly, they were JUST late submitting a resume for an expert witness, and as a result that witness couldn't be used apparently. The other side was trying to have ALL their evidence tossed as a result. That makes no sense whatsoever to me, but we have to remember, this IS lawyers ... ;) ... Hopefully the judge saw the request for what it was - total bs ... and still allowed all the other evidence to remain. I haven't heard any more than y'all about the result.

As long as you are happy with yourself ... who cares what the rest of the world thinks?

[Andy9o8 2]

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Can't claim to know all about it, but from talking with Todd the other day, at least part of it was about expert evidence. If I understood correctly, they were JUST late submitting a resume for an expert witness, and as a result that witness couldn't be used apparently. The other side was trying to have ALL their evidence tossed as a result. That makes no sense whatsoever to me, but we have to remember, this IS lawyers ... ;) ... Hopefully the judge saw the request for what it was - total bs ... and still allowed all the other evidence to remain. I haven't heard any more than y'all about the result.

Most civil litigation in most courts is governed by specific deadlines for various pre-trial events including, among other things, the submission of experts' CVs and reports. Missing such a deadline, without advance court permission for doing so, can subject you to potentially damaging evidentiary sanctions, at the discretion of the trial judge. Generally speaking, trial courts take their deadlines pretty seriously; so if you miss one, you better have some 'splainin' to do.

Blowing a deadline is arguably malpractice. Failing to diligently try to take advantage of your opponent's blowing of a deadline is also arguably malpractice. Like it or not, litigation is combat. A corps commander who fails to take advantage of an opportunity presented by his enemy's mistake has nobody to blame but himself when he finds himself checkmated. For those who are squishy, I'll use a sports analogy: if your opponent fumbles the ball, you don't just stare at the fucking thing; you jump on it - or woe be to you if you don't.

[skyjumpenfool 2]

Yup! Truth and Justice have no place in US courts... It's all about the deadlines, winning, and the almighty Dollar????

Birdshit & Fools Productions

"Son, only two things fall from the sky."

[billvon 2,989]

>Yup! Truth and Justice have no place in US courts.

Deadlines are part of truth and justice. If there were no deadlines, and no penalties for missing them, that swindler you were suing in civil court just might keep forgetting to bring in his discovery materials for, oh, ten years or so. He might just be really forgetful - and that's not anyone's fault, now, is it?

[Beachbum 0]

I totally understand the deadline bit. What I have a problem with is even the outside possibility that ALL their evidence could be dumped as a result of one resume for an expert witness not being on time (believe I was told the witness was late getting it to them TO turn in). And I know, a deadline IS a deadline, but I was told it was literally only a few minutes late.

As long as you are happy with yourself ... who cares what the rest of the world thinks?

[topdocker 0]

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I totally understand the deadline bit. What I have a problem with is even the outside possibility that ALL their evidence could be dumped as a result of one resume for an expert witness not being on time (believe I was told the witness was late getting it to them TO turn in). And I know, a deadline IS a deadline, but I was told it was literally only a few minutes late.

kinda like being a couple minutes late when you need to pull!

top

Jump more, post less!

[JohnRich 4]

Here's what I know. These were pre-trial motions, as both sides get ready for trial and try to gain an advantage in advance.

1) The defendant, Skydive Houston, had a motion to substitute counsel. Granted. The previous lawyer, as I understand it, is being retained for his expertise on the real estate matters, such as the covenants which grant the homeowners access to the runway. The new lawyer for the Skydive Houston team is William Harger, an aviation attorney, airline transport pilot, and aircraft mechanic. He'll deal with the aviation and skydiving issues, and has previous experience and expertise representing the skydiving industry.

2) Skydive Houston's Motion for a New Document Control Order: Granted
Pleadings: 2-15-10
Documents: 2-28-10
Pretrial: 3-18-10
Trial: 4-19-10

3) Plaintiffs Motion to Sever Counter Claims: Denied

4) Plaintiffs Motion to Exclude Evidence: Denied

5) Plaintiffs Motion to Exclude Witness : Denied

6) Plaintiffs Motion to Sever Defendant's Counter Claims: Denied

7) Plaintiffs Motion for Summary Judgment on Defendant's Counter Claims: Denied

In summary, Skydive Houston got everything they asked for, and the homeowners got nothing that they wanted.

Skydive Houston handed these homeowners their asses on a silver platter!

Image attached: Info on the new attorney for Skydive Houston. Contact info removed for his privacy.

[kallend 2,026]

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In summary, Skydive Houston got everything they asked for, and the homeowners got nothing that they wanted.

Skydive Houston handed these homeowners their asses on a silver platter!

So far so good, John, but the fat lady hasn't sung yet.

"It ain't over till it's over." Y. Berra, July 1973

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The only sure way to survive a canopy collision is not to have one.

[JohnRich 4]

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So far so good, John, but the fat lady hasn't sung yet.

Thank you, Capt. Obvious.

[kallend 2,026]

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So far so good, John, but the fat lady hasn't sung yet.

Thank you, Capt. Obvious.

So it's a bit premature to talk about handing out asses on silver platters. It remains to be seen who gets whose ass in the end.

...

The only sure way to survive a canopy collision is not to have one.

[JohnRich 4]

My statement was about this particular hearing. I would think a university professor would be capable of understanding that.

[billvon 2,989]

Keep the sniping in SC please.

[kallend 2,026]

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My statement was about this particular hearing. I would think a university professor would be capable of understanding that.

Happy New Year to you too.

...

The only sure way to survive a canopy collision is not to have one.

[propacker 0]

hey, we scored one for the good guys!! having all their motions denied (especially the counter suit) certainly hurt their cause. now back to business till the biggie in april.

[airtwardo 7]

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Keep the sniping in SC please.

"There are some people who, if they don't already know, you can't tell 'em."
~Yogi Berra




(Couldn't resist )

~ If you choke a Smurf, what color does it turn? ~

[askir 0]

Holy Crap this lawyer has spent his entire life studying and learning stuff, I barely got through one thing, ok may be two.

LIFE IS LIKE A CIGARETTE, YOU CAN SIT THERE AND WATCH IT BURN AWAY OR YOU CAN SMOKE THAT BITCH TO THE FILTER