Code of Federal Regulations

Title 14 - Aeronautics and Space
Volume: 1Date: 2020-01-01Original Date: 2020-01-01Title: Section § 15.111 - Conduct of litigation.Context: Title 14 - Aeronautics and Space. CHAPTER I - FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION. SUBCHAPTER B - PROCEDURAL RULES. PART 15 - ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT. Subpart B - Indemnification Under Section 1118 of the Federal Aviation Act of 1958.
§ 15.111 Conduct of litigation. (a) If a lawsuit is filed against the publisher and the publisher has sought, or intends to seek, indemnification under this part, the publisher shall— (1) Give notice as required by § 15.107 of this part; (2) If requested by the United States— (i) Implead the United States as a third-party defendant in the action; and (ii) Arrange for the removal of the action to Federal Court; (3) Promptly provide any additional information requested by the United States; and (4) Cooperate with the United States in the defense of the lawsuit. (b) If the lawsuit filed against the publisher results in a proposed settlement, the publisher shall submit that proposed settlement to the FAA for approval in accordance with § 15.109 of this part. (c) If the lawsuit filed against the publisher results in a judgment against the publisher and the publisher has sought, or intends to seek, indemnification under this part as a result of the adverse judgment, the publisher shall—
Code of Federal Regulations / Title 14 - Aeronautics and Space / Vol. 1 / 2020-01-0194
(1) Give notice to the FAA as required by § 15.107(d) of this part; (2) Submit a copy of the trial court's decision to the FAA Chief Counsel not more than 5 business days after the adverse judgment is rendered; and (3) If an appeal is taken from the adverse judgment, submit a copy of the appellate decision to the FAA Chief Counsel not more than 30 days after that decision is rendered. (d) Within 60 days after receipt of the trial court's decision, the Administrator by registered mail will— (1) Notify the publisher that indemnification is required under this part; (2) Request that the publisher appeal the trial court's adverse decision; or (3) Notify the publisher that it is not entitled to indemnification under this part and briefly state the basis for the denial.