Nevertheless, removal implies there have been monetary discussions between the Captain and Allegiant (e.g., before the case was filed). Diversity requires the damages more than $75,000 -- a very low bar in this case -- but as a matter of routine State filings only specify "more than $10,000" which by itself is not sufficient for removal.
So as predicted, it came out in court filings that the Captain had demanded
$3 million from Allegiant in pre-litigation discussions. This amount obviously meets the dollar threshold for removal from Nevada State court to the U.S. District Court.
Interestingly (for you legal types) Allegiant's motion to remove
was not based on diversity, but solely on the argument that the U.S. district court has original jurisdiction. This could backfire on Allegiant.
Also as predicted, Allegiant filed a Motion to Dismiss largely based on arguments stated earlier in this thread including:
- Only the FAA has the right to seek remedy under FARs
- Nevada State laws are preempted by Federal laws
- The Captain forfeited his Federal remedy by not pursuing an AIR21 WPP complaint
Maybe the lawyers are reading this thread?
Among others, Allegiant argues that Nevada does not have a public policy prohibiting termination of at-will employment based on compliance or non-compliance with FARs.
Allegiant also made some arguments based on the Airline Deregulation Act, which was not very convincing.
Unfortunately for us spectators, there have been no further info from on what actually happened that fateful day.
At this point, the arguments from both sides have lots of holes in them.
The Captain's lawyers want the case to be remanded back to Nevada state court and/or decided under Nevada labor laws. Allegiant's lawyers want the case dismissed, or failing that, for the case stay in the U.S. district court and be decided under preempting Federal laws.
And so the saga continues...