Wedding

Wedding v. National Transportation Safety Board

Good Law
96 F. App'x 527
United States Court of Appeals for the Ninth CircuitMay 3, 2004No. 02-73839California355 words

Opinion

Lead Opinion

*528 MEMORANDUM **

Petitioner Gary Wedding (“Wedding”) challenges the Emergency Order affirmed by the National Transportation Board (“Board”) revoking his Airmans’ Certificates No. 2234821 and No. 2386149.

The Board owes a high level of deference to a credibility determination made by the Administrative Law Judge (“ALJ”). See Administrator v. Taylor, NTSB Order No. EA-4509 (1996) (“As we have stated repeatedly ... the law judge sees and hears the witnesses, and he is in the best position to evaluate their credibility. Absent some compelling reason that persuades us that a law judge’s credibility determination is inconsistent with the overwhelming weight of the evidence, we will not disturb his findings.”); Administrator v. Rivera and Helivan Helicopters Inc., NTSB Order No. EA-4419 (1996) (“Respondents’ argument ... amounts to no more than an indirect challenge to explicit credibility determinations that have not been shown to be deficient in any way, much less arbitrary, inherently incredible, or clearly erroneous, which is the applicable standard.”); Administrator v. Stewart, NTSB Order No. EA-4387 (1995) (Board refused to second-guess the credibility judgment of the law judge…

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