The WAR On Safety Continues

Despite losing a battle

Legal Update: Delta Wins Their Motion to Dismiss

The legal system is fascinating but not what it should be. This, too, is big business. In the constitution the 5th Amendment says, “nor shall any person be… deprived of life, liberty, or property, without due process of law,” the 6th amendment guarantees rights in criminal prosecutions with a speedy and public trial, the 7th trial by jury, and with the 14th amendment due process.

Airlines are killing people, or engaging in a game of Russian Roulette with every flight that passengers take with non-trained pilots or poor maintenance. That feels criminal to me. The FAA looks the other way, ignoring substandard training, equipment, and even broken parts. That, too, is criminal. And despite the constitution asserting we have a right to a speedy trial, that doesn’t happen if attorneys play motion games and refuse discovery. In the Airline industry we see criminal behavior, retaliation of those who speak out, and no jury of our peers to judge the bad behavior. There is no speedy trial, and sometimes we don’t even get our day in court. This is one of those times.

HISTORY

In 2015 I requested a meeting with Delta senior executives Jim Graham and Steve Dickson to present my concerns with substandard training, violation of federal regulations, and a negative safety culture. Captain Graham planned to send me to a mental health evaluation simply because I requested to bring my concerns to his attention. However, he already knew what they were doing. Delta’s behavior was a for profit business decision. Graham even emailed half a dozen people his plan to destroy me. Delta then paid Dr. Altman $74,000 to write a false medical diagnosis. I filed an AIR21 complaint. Delta engaged in a war of attrition lasting seven years and they lost after a lengthy trial. They appealed and they lost that too. Did it matter? No.

Dickson was promoted to the FAA administrator despite his part in the federal violations and his condoning substandard training and retaliation. He resigned from the FAA position two days before I was told Delta lost their appeal. Graham was promoted to SVP of Delta flight operations despite his violating federal violations and condoning substandard training. Then despited perjuring himself over and over again in court, Delta promoted him to the CEO of Endeavor.

Endeavor crashed because Captain James Graham’s ego and need for power and money appears to be more important than passenger safety, and substandard training continued at Endeavor under his watch. I began writing posts about the accident. The captain of that Endeavor flight that crashed had been turned down by Delta on his first attempt to move to Delta.

While Delta argued that it wasn’t true that he tried a second time, I provided the details from a copy and paste text from details from Delta’s computer system. Delta then said that he “was” scheduled to go to Delta, but the pilot decided to turn down the fantastic offer to become a Delta pilot, giving up perhaps three to four times the salary, prestige, better equipment and more base opportunities. Only the pilot can testify if that was true. Delta then sanitized their computer system so no longer employees can see former employee details. This effort I believe is to hide the evidence of how many pilots failed at Delta and sent back to Endeavor.

Delta threatened me with a lawsuit. I fought back, because the AIR21 statute says that airlines cannot threaten a former employee who has filed a claim. In my case I beat them over and over again. However, the OSHA process was interesting and once again in Delta’s favor.

OSHA immediately turned me down, even shifting rationale as to why they did so. We appealed. Delta filed a motion to dismiss. We waited almost ten months for a judge to be assigned and then Delta began posting marketing campaigns on select blog posts that had everything to do with my case and would be negative marketing locations for Delta, or ineffective at best.

January 6, 2026 I filed a motion to have a judge assigned because of Delta’s harassment efforts, and we had waited too long.

January 16, 2026 Delta responded and said they were not advertising to fly Delta, but it was someone else.

On the same day, January 16, 2026 the Office of Administrative Law judges, the man who was supposed to assign a judge, filed a 36 page Decision and Order denying my motion to compel and Granting Delta’s motion to dismiss and said he did not assign a judge because of the government shutdown. So he ruled.

Basically, the judge says to qualify as a threat of a former employee it can’t be a threat of a lawsuit, or harassing and intimidating behavior with social media posts, or paying someone to disparage you, or even when they threatened my buddy passes for reporting a fire on the aircraft because Delta violated federal regulations and overflew an airport. OSHA and the judge said that Delta must follow through with their threats, and it has to be associated with my terms and conditions of employment. While I’m not employed, this would apply to pass travel, insurance, etc. Something they would have control over into retirement. Had I filed when they threatened the pass travel, the might have held. But perhaps not unless they took action and did it. I will never know. I did not file when they threatened me back then.

The Reason for My Complaint

The only reason I filed this lawsuit was to depose the pilots on the Endeavor crash. Delta is hiding what transpired with that accident and I believe it was substandard training and, based upon the information I received, Delta knew that Captain had substandard performance and the reason they first denied his acceptance at Delta, and the second time I believe they convinced him he should return to his previous airline because he would never make it through Delta. The pilots are alive, thus where is the final report? Where is the cockpit voice recorder?

Why do we have a report from the UPS MD11 accident that occurred 9 months after the Endeavor crash. and yet nothing from Endeavor? The UPS crew cannot testify, but the Endeavor pilots could. The UPS report even ironically shows the FAA’s complicit behavior, and yet we know nothing about Endeavor. The Endeavor accident is dead and buried by Delta Air Lines. Next time it will be the passengers if nothing is done.

PUBLIC AWARENESS

Weekly, employees continue to contact me with their concerns. Last week a pilot say’s he doesn’t feel comfortable going to work and the reason being substandard maintenance. A flight attendant told me that Delta threatened abandonment in a foreign country without a room for calling in fatigued. Then Delta allegedly sent out 2000 letters threatening pilots to fly while they are ill. I have a couple copies. It’s time to take a stand and do something about this before anyone else dies by aircraft.

LAW SCHOOL

A pilot contacted me and said that ChatGpt gave him my name asserting I was an AIR21 attorney. I told him I wasn’t. He said, “but you’re the only the one who called me back.” Then I had a dream where a man asked me if I got my law degree yet. I told him no, I wasn’t going to be a lawyer. He said, “It doesn’t matter. You need it.” Then the next day two different attorneys emailed me and suggested I get my law degree. This was all in a three day period. The Universe spoke. I listened. I was accepted into Law School and will be starting in February.

Delta counts on terminated employees not being able to afford a legal defense. Im going to show Delta they are wrong.

The Judge’s Decision and Order

Yes… The WAR On Safety Continues!