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    Tuesday, October 23, 2018-9:51:27A.M.

     

     

     

     

     

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US court dismisses $1M lawsuit against CPA

THE $1 million lawsuit filed by a flight instructor against the Commonwealth Ports Authority was dismissed by the federal court.

Hiroaki Nishio, representing himself, sued CPA for requiring an “unreasonable” $10 million in liability insurance for his flight-training operation.

In her order, District Court for the NMI designated Judge Frances M. Tydingco-Gatewood adopted the initial report and recommendation of Magistrate Judge Heather Kennedy who screened the lawsuit.

Judge Kennedy said the lawsuit should be dismissed with prejudice and application to proceed without prepaying fees or costs should be denied.

Judge Tydingco-Gatewood agreed, saying Nishio has not asserted any basis for federal-subject-matter jurisdiction.

“As the party seeking to invoke it, plaintiff has the burden to show that it exists,” the judge said.

She added that Nishio’s claim under the Airport and Airways Improvement Act of 1982 does not permit individuals to bring claims in the district court.

To determine whether a federal statute contains an implied right of action, she said the court must apply a four-factor test: (1) whether the plaintiff is “one of the class for whose especial benefit the statute was enacted”; (2) whether there is evidence of legislative intent to create or deny a remedy; (3) whether the cause of action is “consistent with the underlying purposes of the legislative scheme”; and (4) whether the cause of action is “traditionally relegated to state law.”

“In particular, the key factor — congressional intent — weighs against finding an implied right of action,” Judge Tydingco-Gatewood said.