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Texas Supreme Court hears dispute over whether Bell flight manual counts as a 'part' under federal statute of repose
Summary
The Supreme Court of Texas heard oral arguments in case No. 240883 over whether a Bell helicopter flight manual—or sections of it—qualify as a "part" under a federal statute of repose that can bar suits after 18 years; the court took the case under submission after extended questioning about omissions, regulatory role of the FAA, and whether mandamus review is appropriate.
The Supreme Court of Texas heard arguments in Case No. 240883 on whether a Bell helicopter flight manual or a subsection of it qualifies as a "part" under a federal statute of repose that can preclude lawsuits more than 18 years after a part was added or replaced. Counsel for the relators argued the manual is a regulated "part" and that omissions in the manual cannot be treated as a new part subject to the rolling provision; counsel for the real parties in interest countered that a manual can be defective and that updates or deletions to a manual can restart the repose clock.
Why it matters: If the court accepts the relators' reading, manufacturers could gain broader protection from long-tail litigation over aircraft components and documents that have been in use for decades. If the court adopts the real parties' approach, plaintiffs might be able to recover in cases where manuals or particular checklist…
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