PPRuNe Forums - View Single Post - Allegiant fires pilot after ordering an emergency evacuation
Old 18th Nov 2015, 11:35
  #107 (permalink)  
ipsatex
 
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14 CFR

The case has been removed to Federal Court pursuant to 18 U.S.C. sec. 1441 and is based upon diversity jurisdiction. Therefore, the Federal Court will apply state law when determining the claims raised in the Plaintiff's Complaint. While the regulations cited in the Plaintiff's Complaint would preempt any state law that conflicts with said regulations, nothing in the regulations appears to prohibit an airline from terminating an employee based upon his or her actions or omissions in operating an aircraft. Having said that and based upon the allegations contained in the Complaint, it seems as though the Plaintiff is in the catbird seat. The Defendant would be crazy to let this case get to a jury.
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