49 U.S.C. § 46106
Enforcement by the Department of Transportation
The Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) may bring a civil action against a person in a district court of the United States to enforce this part or a requirement or regulation prescribed, or an order or any term of a certificate or permit issued, under this part. The action may be brought in the judicial district in which the person does business or the violation occurred.
Notes of Decisions
Cited in 12
cases, 1995–2017 · leading case: Cynthia Love v. Delta Air Lines, 310 F.3d 1347 (11th Cir. 2002).
Cynthia Love v. Delta Air Lines, 310 F.3d 1347 (11th Cir. 2002). “5 The DOT may also initiate an action in a federal district court to enforce the ACAA, see 49 U.S.C. § 46106 , 6 or may ask the Department of Justice to bring a civil action.”
Harrington v. Am. Airlines, 476 F.3d 29 (1st Cir. 2007). “; see also 49 U.S.C. § 46106 . In other words, Congress reasonably expected the regulations to be enforced by the Secretary.”
Boswell v. Skywest Airlines, Inc., 361 F.3d 1263 (10th Cir. 2004). “The Department *1270 of Transportation may also initiate an action in a federal district court to enforce the ACAA, see 49 U.S.C. § 46106 , or may ask the Department of Justice to bring a civil action, see 49 U.”
James v. Am. Airlines, Inc., 247 F. Supp. 3d 297 (E.D.N.Y 2017). “See 49 U.S.C. §§ 46106 , 46107. Accordingly, the Court grants American’s motion to dismiss James’s claim under 49 U.”
Casas v. Am. Airlines, Inc., 304 F.3d 517 (5th Cir. 2002). “Second, 49 U.S.C. § 46106 authorizes the Secretary to “bring a civil action against a person” in federal district court “to enforce this part or a requirement or regulation prescribed, or an order or any term of a certifícate or permit issued, under this part.”
Bowling Green v. Martin Land Dev. Co., Inc., 561 F.3d 556 (6th Cir. 2009). “See 49 U.S.C. § 46106 . In addition, under § 46107, the Attorney General also may bring an action to remedy any violation of the statute and/or prosecute any offending parties.”
Drake v. Delta Airlines, Inc., 923 F. Supp. 387 (E.D.N.Y 1996). “under this part,” 49 U.S.C. § 46106 , or request that the Attorney General bring a civil action to enforce a regulation prescribed under “this part.”
Wright ex rel. D.W. v. Am. Airlines, Inc., 249 F.R.D. 572 (E.D. Mo. 2008). “, citing 49 U.S.C. §§ 46106 , 46107(b)(1)(A)-(B). Finally, an individual with a “substantial interest” in a DOT enforcement action may petition for a review of an enforcement decision in a United States Court of Appeals.”
Pew v. Scopino, 904 F. Supp. 18 (D. Me. 1995). “§ 1487(a), reenacted as 49 U.S.C. § 46106 (1994). On the second issue, the only circuit court to address it has held that “the comprehensive enforcement scheme provided in the Federal Aviation Act manifests congressional intent to foreclose an action under § 1983.”
Spinner v. Verbridge, 125 F. Supp. 2d 45 (E.D.N.Y 2000). “” 49 U.S.C.A. § 46106 . § 46107(b) allows the Attorney General, upon request of the See- *51 retary of Transportation, to bring a civil action in an appropriate court “(A) to enforce this part or a requirement or regulation prescribed, or an order or any term of a certificate or…”
Casas v. Am. Airlines, I (5th Cir. 2002). “9 Second, 49 U.S.C. § 46106 authorizes the Secretary to “bring a civil action against a person” in federal district court “to enforce this part or a requirement or regulation prescribed, or an order or any term of a certificate or permit issued, under this part.”
Bowling Green & Warren Count v. Martin Land Dev. Co. (6th Cir. 2009). “See 49 U.S.C. § 46106 . In addition, under § 46107, the Attorney General also may bring an action to remedy any violation of the statute and/or prosecute any offending parties.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.