During my current AIR21 litigation Delta refused to accept that on February 17, 2025, Endeavor Air flight DL 4819, operated by Delta Air Lines, crashed upon landing at Toronto Pearson International Airport. Delta’s denial to admit this plane crashed is because, as “they” say:
“Crashed is Vague and Ambiguous.”
There is nothing vague or ambiguous about this crash, or how many times Delta has come to near death experience for their passengers with this crash, or those written in my 2016 safety report that lead to my being removed from duty for two years. Delta refuses to admit anything until they are at the end of a rope and dangling in the wind. Yesterday Delta finally agreed to pay $79 million dollar in a settlement for dumping fuel on the families in Los Angeles for an event that occurred five years ago. I’m intimately familiar with that case because I was the expert witness. More so, my testifying in this case is now pulled forward to Delta’s retaliation and is part of my AIR21 case as the result of a highly known individual they paid to destroy my reputation. That will be an interesting deposition if we are allowed to proceed.
DISCOVERY
Anyone who has read Flight For Discovery, will know that Delta did not provide discovery in my first AIR21 case. Hundreds, if not thousands of pages withheld that we obtained from Dr. Altman, the man they purchased for $74,000. More so, all the deposition testimony in the Discovery novel was verbatim as to what was asked and answered. Even Ed Bastian’s testimony ended up on Youtube in the video Delta CEO Ed Bastian 1: I dont’ know what accountable executive means If you’re interested in reading the last discovery, get that novel now. You have three days remaining to still enter to win my car.
HISTORY REPEATS
Delta refuses to provide any discovery.
PROCESS
The Complainant (me) requested discovery. Delta filed a motion to stay discovery until after they filed their motion to dismiss. On July 16, 2025, the Judge Granted Delta’s Motion “In Part”. What he said was:
“I find that it is appropriate to permit limited discovery of the issues that will be raised in Respondent’s motion [emphasis added], namely whether Complainant is a covered employee under AIR-21 and the timeliness of her complaint.” Read the full order here.
But Delta (Bisbee, that less than truthful attorney) wrote boiler plate responses and refused to provide any discovery. Throughout the document Delta said that the judge only said that we could ask for information regarding my being a covered employee and the timeliness of my complaint. But that is not true. He also said, “The issues that will be raised in Respondent’s motion…”
FACTS:
I am not an employee. But the AIR21 statute extends to former employees to protect them from threats and blacklisting after they leave the airline they had filed a case against:
“Employee means an individual presently or formerly working for an air carrier or contractor or subcontractor of an air carrier, an individual applying to work for an air carrier or contractor or subcontractor of an air carrier, or an individual whose employment could be affected by an air carrier or contractor or subcontractor of an air carrier.” 29 CFR 1979.101, (Current through April 15, 2025)
More so, as you read the motion to compel (link below), Delta holds great power over me in retirement and could remove many employee benefits still afforded to me.
On February 27, 2025 Delta told me I had to “clarify” my postings regarding the Endeavor crash or they would sue me with a defamation case (on behalf of the Endeavor Captain). I complied by posting information I learned along the way, because Delta refused to clarify anything I asked. Then, Delta later said they spoke to the Canadian transportation board who gave them permission to give me information. Then on March 11, 2025, I asked Delta’s attorney if they were still planning to sue me and on March 14th, the attorney said, “Delta reserves all its rights with respect to these statements.”
On April 11, 2025 I filed my AIR21 complaint. The law says a 90-day statute of limitations. From the date they threatened me that was only 43 days. I meet the statute. Therefore, what else could Delta possibly argue in their motion? We could only speculate and we requested discovery for those things they might argue. Without discovery, how could I possibly argue a motion to dismiss.
MOTION TO COMPEL
Not only did Delta not give us anything, but our buddy, Lincoln Bisbee, who falsely asserted things I never said, in his motion to Stay Discovery, waited until the final day to submit, and did so at 2230 EST. Then we sent him a draft of our motion to compel with a request to talk. He said he’d talk to Delta. They refused to discuss. Therefore we filed our motion to compel on Tuesday August 26, 2025.
Discovery includes a History, Interrogatories, Document Request, and Admissions. An interrogatory is a formal question that must be answered. Documents often associated with interrogatories, but any documents that could be useful are requested. Admissions are simple statements of fact that nobody should argue because it’s evident, and helps reduce the time in court. Yet, not unlike my first case when Delta refused that I had even given them a report, despite proof they had it, they denied that until a month before trial, Delta is now saying they cannot admit that the Endeavor plane crashed, because the word “Crash” is ambiguous.
If you would like to read the motion to compel, which includes my limited discovery request, Delta’s argument and boilerplate responses, and my rationale addressing their argument, click this link: Petitt v Delta Air Lines, Motion to Compel.
SAFETY
This fight is about safety and the message that management cannot threaten employees into silence. Recently American Airlines was in the news for a passenger’s computer catching on fire and they diverted as the safest course of action but also in compliance with federal law. But Delta had the same thing happen and Dispatch told the pilots to continue and they did. Read: aircraft fire reported. This is the event mentioned in the Motion to Compel of which Delta threatened revoking my employee pass travel after I was retired. The safety lapses are even greater in maintenance as the result of lack of representation. These poor mechanics can get fired for anything. Are they looking the other way to avoid termination? I’m unsure. It would not surprise me but this is the result of substandard maintenance.
If you are interested in the law, and know anyone working for an airline or aircraft manufacturer, or someone who might be a subcontractor, gift them the book,
AIR21 Delta’s Debacle: Legal Lessons Learned and Shared to Save Your Career and Improve Safety This book is also on audible. And remember, you only three days to win the car. Get your copy today and enter to win the car! This is simply a way to thank my readers.
