the faa is clear that these enforced. ought to be >> it's clear in saying that concerted activity cannot be interfered with. >> but for the first 77 years, here's what everyone including the board understood that to mean. you can be protected from dismissal or retaliation when you seek class treatment up to courthouse doors or the doors of the forum but once you're inside, you don't have an proceed as ao class, notwithstanding the faa or rule 23 or other federal rules. d.r. horton was the first to make that move and that's a say foradical move to the first time that the nlra overrides the other statutes and get theres you can't is section 7 doesn't say anything about arbitration or class or collective treatment statutes, other congress didn't delegate to the board the ability to decide arbitration --e >> do we have to go into all this class action business? i mean it seems to me that in of these agreements, the agree that iced to will not proceed concertedly, jointly, just one other person, joining me action and going int

what the faa gives it takes away. that same provision section 2 actually reserves creatings an exception for contracts that provisions that are illegal. this court also said there are two other doctrines. >> that begs the question. we're trying to figure out if it's illegal. you can't assume that arbitration agreement is illegal. therefore covered by a clause that prechvents. >> sure you can. section 7 prohibits this behavior. aid that such contracts are illegal and cannot be enforced by court. they fit within the meaning of the savings clause. >> i quoted a statute. didn't i? and it was passed after the arbitration act. wasn't it? justice said when in a comparable context, we exclude case ts for the contract is in statute. that's why justice provided the example of the discrimination case. i'm not quite ready to say it's more complicated. >> your honor. i'm sorry if i suggested that. the section 2 of the faa was taken was not just inspired by the new york arbitration act. taken word for word from the new york arbitra

gives the faa also takes away, your honor. that same provision of the faa, section two, actually reserves, creates an exception for contracts, for provisions that are illegal and this court has also said there are two other doctrines. >> that kind of begs the question we're trying to figure out if this is illegal. you can't assume that that type of arbitration agreement is illegal and therefore, it's covered by a clause that prevents the enforcement of illegal arbitration agreements. >> sure you can, your honor. section 7 clearly prohibits this kind of behavior and in kaiser steel, this court itself said that such contracts are illegal and cannot be enforced by a court. they easily fit within the meaning of the savings clause. >> look, i quoted a statute, didn't i? >> yes, you did. the language -- >> the statute was passed after the arbitration act, wasn't it? >> yes, your honor. >> and justice cardoza said, in a comparable context, we exclude cases where the contract is in contravention of a statute and that's why justice kag

. >> the faa has a regulation called faa part 107. and you actually have to be certified to fly a drone for commercial purposes. >> to have anybody just off the street going out and buying something and thinking they're gonna make money taking video, even if they do have the experience, right now is illegal. >>adding mode. >> it's now live. it's recording. rotors are armed. >> before the faa changed their rules, you had to have something called a 333 exemption. this was a special permit that actually allowed you to fly drones. >>take off. >> douglas trudeau of tucson, was the first realtor in the entire country granted an exemption. >> when i first got this, bob, i could not answer my phone. if i saw a long-distance phone call, i wouldn't answer it because it wasn't somebody wanting to buy or sell a house. they wanted to know how did i get my permission from the faa to fly drones. this is the exemption that the faa sent me. and this explains that... >> granted exemption. >> ...i cannot fly within five miles in an -- of an airport. >>

the faa is investigating.osborne, kpix5 from sfo. >>> the time is 6:57. >>> the wine country wildfires, the recovery process starts and we are getting a clearer picture of the damage. 8400 homes and other buildings were destroyed and plans are laid out for the colossal cleanup job. the federal epa will be on the ground this week to remove toxic materials from homes. >>> a new witness is expected to take the stand in the murder trial of the undocumented man accused of shooting kate steinle on pier 14 in san francisco of july 2015. >>> a man is in custody after a shooting rampage that killed two and injured three others in lake county. it happened in clearlake oaks. >>> president donald trump meets with republican senators on capitol hill later today and is expected to discuss tax reform, healthcare and other matters with lawmakers. >>> the california state senate is hiring outside firms to investigate allegations of sexual harassment and assault after dozens of lawmakers signed a letter highlighting the problem

now the faa is saying that probably was not a good idea. not a good idea going forward. lester. >> tonight authorities in florida are on the hunt for a possible serial killer, terrorizing a neighborhood where three bodies have been found in just 11 days. police have released video of a person of interest as they ask for help in stopping a killer before he strikes again. here is nbc's kerry sanders. >> reporter: in tampa tonight police asking for help in finding this person. a possible serial killer, captured on surveillance camera, prowling the city streets. last night's murder could be victim 3, anthony naboa, 20-year-old shot dead on the street. officers already blanketing the area heard the shot. but the suspected gunman eluded capture. >> naboa's body was discovered near the home of the first victim, 22-year-old benjamin mitchell shot and killed 11 days ago. 32-year-old monica hoffa's body found in a vacant lot two days later. police do not believe the victims are linked and are searching for a motive. >> i've don't know what your problem is. but enough, there has be

according to faa, air traffic control towers have guns to shine. flashing red indicates it is not safe to land. it is a signal that is rarely used according to an aviation expert. faa is investigating another air canada incident that took place in july. an aircraft nearly hit four other loaded passenger airliners on a taxiway that runs parallel to the landing runway. it came within 59 feet of the ground, according to preliminary faa investigative report and endangered the lives of more than 1,000 passengers. bob redell, "today in the bay." >> we are going to continue to look into this incident at san francisco international. bob, thank you. on air and online, we are going to post new information we get on www.nbcbayarea.com. >>> 6:04. happening today. it's day two in the murder trial of the man accused of killing kate steinle. for hours jose garcia sat quietly in the courtroom showing little reaction to descriptions of how steinle died. this was back in july of 2015. steinle's mother cloesed her eyes, wiped away tears. the bullet that killed steinl

the faa is investigating.ive at sfo, sandra osborne, kpix5. >>> the sonoma county sheriff's department released before and after photos of santa rosa neighborhoods devastated by wildfire. on the left is what santa rosa coffey park area looked like before the tubbs fire and on the right is what remains today. in santa rosa, the journeys and mobile home park, it was destroyed on the first night of the wine country wildfires. >> the photos make it obvious that the recovery process will be a long one. >> jessica flores is live with some of the steps in the rebuilding effort. >> reporter: good morning. sonoma county in the city of santa rosa having meetings today with the big topic on the table being housing. there were more than 6000 structures that burned to the ground and all of those folks are scrambling to find long- term housing in an area that already faces a housing shortage. sonoma county will meet today and the topic is a ban on rental property and price gouging. they consider prohibiting new rental permi

tonight, with the faa and air canada are investigating.an average of error candidate -- 12 air canada flights fly in everyday. you're about to hear audio recording.>> air canada 781 go around.>> reporter: the flight was coming from montrial and was cleared to land. wind tower control with not sure another plane would clear the runway and time, he later instructed the crew not to land the plane. air canada 781, go around.>> reporter: six times the air traffic controller requested the plane go around. the faa says they then used a backup mode of medicating flashing a red light from the tower. seen in this example from youtube. the plane still landed in 9:26 pm.>> they called six times to go around. it could've been disastrous.>> reporter: air canada released a statement. after receiving proper clearance to land it did so. upon landing the crew was informed the tower had attempted unsuccessfully to contact the aircraft. however, the message was not received by the crew. the faa says the crew told the tower they had a radio problem.>> for some

the faa is also investigating. near sfo, jackie ward, kpix 5. >> in july another air canada plane came within 50 feet of colliding with four airliners waiting to take off. the close call prompted the faa to change requirements for night landings at sfo. >>> tonight construction has begun on a critical part of california's bullet train. sky drone 5 giving us the exclusive view of the area high above the san luis reservoir. tonight we're learning about a big change to the project. the high speed rail authority wants to combine a half dozen shorter tunnels into one massive tunnel that would skirt the reservoir just to the north. the price tag to be determined. start carrying passengers in 20-25. night: the first segment from san jose to the central valley could start carrying passengers in 2025. east bay when all >>> tonight we have new video of a roadside attack. a woman was cycling in the eastbound when all of the sudden -- east bay when all of the sudden she was struck. just the latest scary run in, so what's going

luggage on fire and tests conducted by the faa. putting cell phones in checked luggage. inside the bag a laptop with an aerosol can. it explodes. the goal the faa says is to get all airlines onboard with a plan to keep large personal electronics out of the checked luggage and carry them on with you. if the fear, leading to fires in three planes being destroyed and worried about more because a person wouldn't be able to fight a fire in the cargo hold but still not a danger in the cabin too. >> bringing them up in the cabin is better because there you can isolate the fire and have tools to put out a lithium-ion fire. >> gio the faa plans to bring this up at a meeting next week? >> reporter: that's right. it could take about a year to go into effect, david. >> thank you. >>> also new developments in the harvey weinstein scandal. a searing account for lupita nyong'o about what she says were her troubling interactions with the movie producer. >> reporter: the oscar goes to lupita nyong'o. >> reporter: tonight oscar winner lupita nyong'o coming forward with shocking allegation

faa and air canada will explain. this is the second recent high profile incident involving an air canada plane at sfo in a matter of months. in july, an arrivinging flight was 60 feet from landing on the taxiway where at least four planes were lined up to take off. pilots lifted at the last second. faa issued new rules for nighttime landing at sfo. >>> a red cross service center opened in napa. people impacted by the fires like this one here, the pockets, tubbs or nun's fire, the red cross says families will be able to meet with trained caseworkers who will assess specific needs and possibly provide financial assistance. they need proof of address. the united methodist church on randolph street open from saturday through 9:00 a.m. to 7:00 p.m. this morning, there are no longer evacuations in place for the bear fire. the final orders were lifted on monday. 400 acres have burned and four homes destroyed. the fire remains 85% contained. the cause is still under investigation. >>> if you watch these stories and want to h

otro avion se acercaba y la "faa" ...el vuelo 781 de "air canada" debia de aterrizar en la pista 28 pero otro avion se acercaba y la torre de control comenzo a preocuparse y procedio a avisar por radio que era posible que esa pista ya no estuviera disponible. --pero cuando no hubo respuesta de los pilotos en ese vuelo, la torre de control, dirigio una luz roja intermitente al avion 781 como ultimo recurso para avisar que debian abortar el aterrizaje, y eso tampoco funciono., este recurso segun la administracion de aviacion, rara vez se a tenido que utilizar. 02:24 "air canada 781 tower! --al final, los pilotos admitieron que habia tenido un problema con la comunicacion de radio, la pista resulto que si estaba libre en el momento que el avion aterrizo sin problemas. --la administracion federal de aviacion investiga este caso. --mientras tanto, la "faa" sigue investigando otro incidente en el aeropuerto internacional de san francisco que sucedio en julio, un vuelo que casi se estrella con otros 4 aviones llenos de pasajeros mientras transitaba por una pista paralela a las del despegue

tonight an air canada flight is the focus of an faa investigation after the flight crew ignored orders to abort a landing at sfo. >>> good evening thanks for joining us i'm jessica aguirre. >> i'm raj mathai. >> same airport, same airline. we learned of a communication break down moments before the air canada flight landed last night. a lot of questions. >> tom jen sen is live. what have you learned? >> reporter: the air traffic controllers had to use a spotlight to shine on that aircraft to message not on the land because they said that the pilot and co-pilot failed to respond to their commands several times not to land that aircraft because they feared there could be another airliner on the runway they were about to land. this happened after 9:00 last night. you may remember back in july another air canada aircraft nearly hit four other airliners on a traffic way, that aircraft came within 59 feet of the ground according to a preliminary far preliminary faa investigator report. that incident is still under investigation by the way. now nbc aviation expert mike mccarron told me tonigh

the faa says it turns out the proceeding flight had cleared the runway in time. air traffic control did shine a bright flashing red light at air canada as a last resort to get the plane to abort its landing. air canada need heeded that warning. we did look into this light system. according to the faa, air traffic control towers have light guns to shine different colors at aircraft when radios fail. flashing red indicate it's not safe to land, a signal that is rarely used according to an aviation expert we spoke with. the faa is still investigating another air canada incident here at sfo. this took place in july. an aircraft with that airline nearly hit four other loaded passenger airlines on a taxiway parallel to the runway. it came within 51 feet of the ground, according to a preliminarily faa investigative report and endangered the lives of more than 1,000 passengers. here at sfo, bob redell, nbc bay area news. >> thanks so much, bob. well, continuing coverage of the murder trial for the man accused of killing kate sometime. opening statements began yesterday.

the new evidence the faa is using to try to ban laptops from your checked luggage. plus, a pair of local players with nfl pedigrees faceoff. that's coming up in the high school blitz in just about 15 minutes. he's a husband, father, veteran... but most of all, he's a fighter. chris brown has never been afraid to take on the big fights. that's why he stood up to republicans and democrats alike to fight the north jersey casinos and the takeover of atlantic city. chris brown is fighting to protect jobs in our region... a true champion for the working men and women of atlantic county. on november 7th, let's keep him fighting for us. chris brown for state senate, he's on our side. >>> all right. let's talk about those weather headlines out there. today, warm and dry conditions, just like we've been seeing for the last handful of days, we're talking blue sky, temperatures in the afternoon that do not require a jacket. really lovely though if you have outdoor plans, going to the pumpkin patch, you'll be good to go. sunday we're looking at more clouds but still dry conditio

the faa is investigating. reporting live at sfo, matt keller, abc 7 news. >>> happening today the father of kate steinle the woman killed on san francisco's pier 14 two years ago is expected to return to the stand. jim steinle was the first witness called to testify in that trial yesterday. he was with his 32-year-old daughter when she was shot. josÉ garcia zarate is accused of firing that weapon that killed her. the gun had been stolen from a car belonging to a federal ranger four days earlier. that i think raer is expected to testify. >>> a construction worker has died after being pinned beneath a large machine in marin county and that's according to our media partner the marin ij. sky 7 flew over fairfax after firefighters freed the man from beneath a skidloader yesterday morning. the 37-year-old victim was reportedly an employee at a nearby boy scout camp. officials say he was moving gravel when the road collapsed sending him down an embankment. his identity has not been released. >>> more than 800 solano

. >>> the faa investigating a second incident at sfo involving an air canada crew. >> matt keller is live at the airport with more on what happened. hi, matt. >> reporter: good morning, jessica. another incident from air canada, this one happened on sunday night and unlike that one in july this was not a close call, our, the faa is taking this very seriously. >> air canada 781, go around. >> still there. >> reporter: that's air traffic control trying to make a change for the landing of an air canada flight from montreal. air traffic control repeated the instructions five times and without a response a supervisor ended up using a flashing red light to alert the crew to go around, the air canada jet landed safely just before 9:30. never having acknowledged the orders. >> air canada 781, tower. >> [ inaudible ]. >> >> that's pretty evident. >> i think it's pretty convincing that there was a problem with the radios of one sort or another, whether they had accidentally switched it to another frequency, whether or not something had gone >> reporter: -- told abc 7 news upon landing the crew

this is about finding potential bombs, the faa needs to stop.et's start behavior raleigh profiling passengers to looking for murders. that's my israeli approach. >> neil: it's still he said she said, a day after the fact, the feud between general kelly and democratic congress woman frederica wilson. from the guy that un -- runs veterans affairs exclusively next. hey grandpa. hey, kid. really good to see you. you too. you tell grandma you were going fishing again? maybe. (vo) the best things in life keep going. that's why i got a subaru, too. introducing the all-new crosstrek. love is out there. find it in a subaru crosstrek. >> you mean to tell me that i have become so important that the white house is following me? this is amazing. it's amazing. that is absolutely phenomenal. i have to tell my kids that i'm a rock star now. >> neil: all right. i don't know about a rock star. the feud between that florida democratic congress woman, frederica wilson and the white house continues. it's something that i raised with v.a. secretary david shulkin. tak

the faa calling for a ban on allowing passengers to fly with laptops and other electronic devices inheir checked luggage because of the potential for a catastrophic fire. it comes after cases of electronic devices bursting to flames inside aircraft the faa says the tests show when a laptop's rechargeable battery overheats near an aerosol spray can inside a cargo hold, it can take out out the fire suppression system. it can lead to the loss of aircraft. >> i have concerns because we know that there are a number of lithium batteries that are going to spontaneously go into thermal runway and create a potential fire. >> the faa had 31,000 cases where batteries caught fire or smoldered. three cargo planes have been destroyed by fires attributed at least in part to lithium batteries. two of them were fatal. they say passengers should not be able to pack large electronic devices unless they have specific approval from the airline. >> the thing that makes lithium ion batteries useful is what >> and get this. the faa also found that hand sanitizer, rubbing alcohol and nail polish remover coul

the faa's investigating an incident at san francisco international over the weekend.air canada flight failed to respond to instructions from the control tower about landing. >> allie rasmus was that episode this morning and talk to aviation experts about what happened. >> reporter: dozens of air canada flights land and take off from sfo every day. for the second time in less than a year the faa is investigating a questionable landing by an air canada plane. the pilot of air canada flight 781 on an airbus 320 jet failed to respond to instructions from the tower before landing. >> air canada 781 go around. air canada 781 go around. air canada 781 go around. >> the person in the control tower instructed the pilot to go around six times with no response. the flight had been given clearance to land when it was six miles from the airport. as it got closer air traffic control was worried there was another plane that have not clear the runway. that's where they get the instructions to come around. >> reporter: air traffic control got no response the uc red light gun to get th

investigations. >> the faa issued new rules for nighttime landings and how to work the control towerter that incident. >> it could have been a really frightening incident. >>> a manson family survivor about the time she spent with manson and his followers. >> you're watching "world news now." when your cough returns. one pill lasts 12 hours, so... looks like i'm good all night! why take 4-hour cough medicine? just one mucinex lasts 12 hours. let's end this. i've always had that issue with the seeds getting under my denture. super poligrip free. it creates a seal of the dentures in my mouth. just a few dabs is clinically proven to seal out more food particles. try super poligrip free. ♪ ♪ >>> we're back now with a revealing new interview with a former member of the manson cult. >> she's opening up after decades of silence. she had no idea something sinister was in the works. here's amy robach. >> reporter: did you love him? >> yes, i did. >> reporter: did he love you? >> i always thought he did. now i'm not so sure. >> reporter: as a former member of charles manso

states and local governments can seek faa approval for testing and expanded use. the faa will look at each program and grant approval. >>> if you find yourself stuck at the security lines at the airport, get ready. more security is coming tomorrow. >> the airport lines will be slower. but it is all in the name of letting you have electronic devices on the planes when you travel. starting tomorrow, passengers flying into the u.s. will be subjected to it. fir they will start interviewing some passengers before they board their flight. in june, the tsa gave airlines 120 days to come one tighter security measures to avoid a ban on lap tops. >>> college tuitions are even more expensive this year than last. i know it seems impossible. on average tuition in california the average tuition at a four-year university rose more than $2,000 to about $9600 this year. >>> as north bay residents begin returning to their neighborhoods, there is help. wildfire victims in seven north bay counties can now apply for fi help. those who lost jobs can apply for federal disaster unemploym

the faa is investigating as well. anthony. >> kris van cleave on the near disaster there, thank you, kris. fbi released 1500 pages from the its investigation into the 2012 massacre in newtown, connecticut. anna werner reports they shed new light on the troubled young man who murdered 20 first graders and six adults at sandy hook school. the fbi documents include an interview with an unidentified woman who said she was in contact with adam lanza over two years on a gaming website dedicated to the 1999 columbine high school shootings. she told investigators, kept a spread sheet meticulously documenting details of hundreds of spree killings and mass murders. she described him as depressed, isolated, and some one who viewed death as an escape from his joyless existence. the files show indicators of a young man headed for trouble. in a briefing with victims families in 2014, fbi profilers said lanza didn't snap, was careful, methodical in his planning. another woman interviewed told agents sunny previously heard lanza say

these are tests conducted by the faa. they are warning airlines about a possible danger in putting electronics bigger than a cell phone in checked luggage. because of the potential of a catastrophic fire. sidee the bag is a laptop, by side with an aerosol can like hairspray. it explodes. says, is toe faa get all airlines on board to keep all large personal electronics out of checked luggage and carry them on board with you. the fear is that lithium-ion , whiches lead to fires has led to three planes being destroyed, and they are worried about more because a person could not fight a fire in the cargo hold, not that there is still a danger in the cab. is better because you can isolate them and have the tools to prevent the fire from spreading. nancy: the police are trying to figure out who put a bomb in a car parked at colonial williamsburg that exploded last night and a lot near merchant square. nobody was hurt but the area was closed as police investigated. an executive order from the president that could bring thousands

the faa is investigating too. kris van cleave, cbs news, seattle. >> the first game of the world series was a sizzler. the game-time temperature in los angeles, 103 degrees, but the dodgers were able to beat the heat and the houstons. >> high fly ball into left. off the bat of turner. at the wall, it's gone. turner makes it 3-1, dodgers in game one. >> yep. 3-1 was the final score. clayton kerr ciao struck out 11 astros and gave up just three hits in seven innings. game two is tonight alwaso in a very sweltering l.a. >>> coming up new details on the gun shooter in sandy a hook. >>> and walk this way. we'll tell you the new details on walking and texting. this is the "cbs morning news." they didn't have to change their plans or worry about a thing. i'll see you all in a little bit. and i fixed it right away with a strong repair they can trust. plus, with most insurance a safelite repair is no cost to you. >> customer: really?! >> tech: being there whenever you need us that's another safelite advantage. >> singers:

. >> reporter: the faa is investigating yet another incident involving air canada here at sfo. the air traffic control said it did clear the air canada flight from montreal to land here and the pilot acknowledged those instructions sunday night. minutes later, the tower controller told them multiple times to, quote, go around because they weren't sure if the preceding flight would be completely off the runway. we got no response from air canada. a supervisor used flashing red lights to alert the crew to go around, standard protocol when the aircrew does not respond and those signals were also ignored. in the end come the plane landed safely around 9:30 sunday night with the air canada crew telling the tower that they had a radio problem. you may recall this summer that and air canada plane shows the taxiway for the runway and pulled up to avoid crashing the plane, waiting to take off. for the incident on sunday, they are investigating. at sfo, kpix5. >>> cal fire released new numbers on the current rash of wildfires in northern california. an estimated 84 homes and buildings ha

the faa cites the potential for a battery fire.hen rechargeable lithium batteries overheat >> they'll settle claims in ignition switch scandals. it forces g.m. to recall nearly 3 million vehicles in 2014. at least 124 deaths are blamed on the problem. g.m. settled with the attorneys general in 49 states and the district of columbia. the settlement does not include what g.m. has to pay individual consumers. anne-marie? >> diane king hall of the new york stock exchange. thank you so much, diane. >> thank you. >>> still ahead, groundbreaking treatment. a closer look at the gene therapy proved to treat cancer. oh well, all hope is lost! oh thanks! clearly my whitening toothpaste is not cutting it. time for whitestrips. crest glamorous white whitestrips are the only ada-accepted whitening strips proven to be safe and effective. they work below the enamel surface to whiten 25x better than a leading whitening toothpaste. hey, nice smile! crest. healthy, beautiful smiles for life. feel that tingle of a cold sore only abreva can heal it in

air canada 781, tower. >> reporter: the faa is investigating the incident. analyst john nan said no pilot would ignore a radio call on purpose. >> i think it's pretty convincing there was a problem with the radios of one sort or another, whether ty had accidentally switched to another frequency. >> reporter: air canada told abc7 news in a statement that the flight was given proper clearance to land. the statent goes on to say, quote,pon landing the crew was informedhe tower had attempted unsuccessfully to contact the aircraft. however, the message was not received by the cr. >> i'm very comfortable with the airlines. i mean hearing this i'm a little nervous, but i wouldn't really change who i fly with. >> reporter: in july, an air canada plane came within 59 feet of crash landing into other planes at sfo. the pilot mistk the taxiway for the runway. >>> we do have some breaking news coming into the abc7 newsroom out of san jose tonit. at least one person has died following a crash on hhway 85. you can see on this map where several cars collid. this is on sout

. >>> the faa says it is investigating another incident involving an air canada jet landing at sfo.this time, the cockpit crew did not follow the towers instructions. the airbus was on approach last night and set to land just before 9:30 pm. the tower told the pilots to go around and make another approach because the controllers were not sure if the runway was clear. the faa says the air canada crew did not respond to the instructions so we supervisor in the tower then flashed a red light at the cockpit which is another way of warning the pilot additional land. the jet -- pilate that they should not land. the jet proceeded anyway. this comes after a near disaster last summer when an air canada jet came within 60 feet of several other aircraft's. the crew about jet mistakenly tried to land on a taxiway instead of a runway. >>> sky fox lou over some of the neighborhoods devastated by the recent wildfires. this is what it looks like two weeks later. you can see smoke rising from amount beater in napa county. in santa rosa's coffee park neighborhood, you can see mountains of rubble wher

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. >>> air travelers may soon face a new laptop ban if the faa gets its way. the agency wants the global airline industry to restrict laptops to checked luggage to avoid potential midair fires like that the faa says when rechargeable batteries within overheat near an aerosol >>> makers of the motor popular soft drinks are facing multiple class action lawsuits. the makers of coke, pepsi and dr. pepper are accused of using the word diet in advertising which the lawsuit claims is false and misleading. the suit also says the companies are fooling consumers into thinking they won't gain weight drinking those beverages. >> products that are marketed as diet products should be helpful in helping people lose weight and these products are not helpful in losing weight. >> the suits also claiming that the artificial sweetener aspartame useness diet sodas is more likely to cause weight gain than weight loss. >>> walmart may be creating its own mall online. the company has reportedly offered upscale retailer lo lord & taylor a place on its site. they may better compete wit

. >> reporter: dan, dion, the faa told us tonight unlike in july, this was not a close call.his plane did not almost hit another plane. still an aviation analyst told us authorities need to figure out how this happened and keep it from happening again. on sunday nuth, an air canada flight from montd re all received permission to land at sfoment then air traffic control made a change, believing another plane might be in the way. controllers repeated the instructions five times and without a response, a supervisor used a flashing red light to alert the crew to go around. the air canada jet landed safely just before 9:30 never having acknowledged the orders. >> air canada 781, tower. >> reporter: the faa is investigating the incident. analyst john nance said no pilot would ignore a radio call on purpose. >> i think it's pretty convincing there was a problem with the radios of one sort or another, whether they had accidentally switched to another frequency. >> reporter: air canada told abc7 news in a statement that the flight was given proper clearance to land. the statement goes

otro avion se acercaba y la "faa" ...el vuelo 781 de "air canada" debia de aterrizar en la pista 28 control comenzo a preocuparse y procedio a avisar por radio que era posible que esa pista ya no estuviera disponible. --pero cuando no hubo respuesta de los pilotos en ese vuelo, la torre de control, dirigio una luz roja intermitente al avion 781 como ultimo recurso para avisar que debian abortar el aterrizaje, y eso tampoco funciono., este recurso segun la administracion de aviacion, rara vez se a tenido

the faa tells us air traffic control cleared flight 781 to land on runway 28r last night. they then instructed the crew to execute a go around since it wasn't sure another plane would be clear of the runway. the air canada crew didn't acknowledge the instructions, so a supervisor used a red light gun to alert the crew. the air canada jet landed safely and told the tower they had a radio problem. the faa is investigating. seconds of crashing into 2 other planes full of passengers .. ot almost landed >> back in july an air canada jet came within seconds of crashing into two other planes full of passengers when the pilot almost landed on the taxiway. that plane made a go around and also landed safely. >>> and now sexual assault claims at one of san francisco's priciest gyms. here's more on the yoga lesson the man says he'll never forget. >> reporter: collin has done roughly 1,000 hours of yoga in his lifetime, but it was a few months ago at this equinox gym in san francisco that he says he got a yoga lesson he'll never forget. >> as soon as he walked in he asked me to spread

faa says the preceding flight cleared the runway in time. air traffic control shined a red flashing bright light at air con da to get the plane to heed the warning. they never did heed it. they have light guns to shine different colors at aircraft when radios fail. flashing red, which was shown on sunday night, that indicates it is not safe to land. it's a signal that is rarely used, according to an aviation expert. faa is investigating another incident that took place in july with that airline that nearly hit four other loaded passenger airlines on a taxiway. it came within 59 feet of the ground, according to a preliminary faa airport and endangered the lives of thousands of passengers. bob redell, "today in the bay." >> certainly, another scary one at the airport. glad everyone is okay. >>> 5:04. happening today, president trump heads to capitol hill. this will be the first visit to congress to meet with lawmakers. past gatherings have been at the white house. >> tracie potts is live in washington. what's on the agenda today? >> reporter:

the faa calling for a ban on allowing passengers to fly with laptops and other electronic devices in checked luggage because of potential of catastrophic fire. it comes after cases of electronic devices bursting into flames inside airline cabins. the faa says its tests show when a laptop's rechargeable battery overheats near an aerosol spray can, it can take out the pressure system. it can lead to the loss of the aircraft. >> i have significant concerns because we know there's a number of lithium batteries that are going to go into thermal runaway and create the potential for fire. >> reporter: the faa lugged 31 cases where batteries caught fire or smoldered on flights. three cargo planes have been destroyed by fires, in part, to lithium batteries. two of the accidents were fatal. passengers should not pack large electronic devices in baggage. also they have specific approval from the airline. >> the thing that makes them so useful is also what makes them so dangerous. >> that, of course, is that they are packed with so much energy and power. hand sanitizer, rubbing alcohol and nail

so now the faa is investigating.bairn went threw the audio today and joins us with critical questions experts say air canada needs to answer, sharon. >> reporter: that's right, jessica and raj. dissipate the investigations air canada resumed normal operations today. the spokesperson tells me there were two different pilots involved in the incidents. the latest incident occurred at sfo on sunday night. the fa. a says air traffic control cleared 781 to land on the runway. but then noticed a preceding arrival might not clear the runway in time. at least six times you can hear the air traffic controller repeatedly call in for the air canada jet to go around. the fa. a says the crew did not respond. >> air canada 781 go around. >> the faa says the supervisor usesed a red light to try and get the plane to aboert the landing. the pilot didn't respond. only after landing did the pilot respond saying his radio malfunctioned. aviation experts say there are some big questions that need to be answered. >> they usually have two r