Flytenow Requests U.S. Supreme Court Review

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Flytenow Inc. is asking the U.S. Supreme Court to review its case against the FAA over pilots using the internet to seek cost-sharing flights with passengers. The company, which sued the FAA in 2014, has ceased operations and in December, lost its case in the U.S. Court of Appeals for the District of Columbia. Flytenow this week asked that the Supreme Court determine whether the circuit court erred in letting stand the FAA’s definition of “common carriers,” although pilots using the online service “do not earn a commercial profit or indiscriminately offer to share their travel plans with the general public,” according to court papers.

The Goldwater Institute, which represents Flytenow, said in a statement Friday the FAA has also impeded the company’s First Amendment rights. “Flytenow is simply a communications hub; it connects pilots looking to share their flights with passengers interested in joining them.” Jon Riches, the institute’s national litigation director, told AVweb on Friday the Supreme Court hears a small number of the cases requested, but “we think the issues that are raised are significant.” The court can select to hear any of the legal questions Flytenow raised in its argumentor send the case back to the lower court, Riches said.

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