Americopters, LLC v. United States

Decision Granting Summary Judgment


The Court of Federal Claims was right on the law but wrong on the facts when it granted the federal government's motion for summary judgment against Americopters, LLC, a private transportation company based in Guam. The Ninth Circuit Court of Appeals had previously described the Federal Aviation Administration for creating “procedural limbo or netherworld” into which the case had fallen, largely as a result of the FAA’s inconsistent positions regarding the finality of the order at issue. Americopters, LLC v. Fed. Aviation Admin., 441 F.3d 726, 730 (9th Cir. 2006).

The Court of Federal Claims, however, set aside the facts showing that the FAA had taken inconsistent positions depending on what court it was in, finding instead what the court described as a novel issue of law: "In short, absent ratification by an authorized agent, a compensable taking arises only when the action effecting the taking is within the authority of the particular government employee."

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Reference Info:Decision | Federal, Federal Circuit | United States

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