Regner v. Northwest Airlines, Inc.

I concur with the majority and agree with the conclusion that appellant’s state whistleblower claim is preempted by the federal Airline Deregulation Act. I write separately, however, to express my concerns with respondent’s use of the record and ad hominem arguments.

Respondent’s brief is replete with extreme factual assertions relating to appellant’s alleged participation in a mechanics’ work slowdown. For example, respondent alleges that, prior to appellant’s termination from employment, appellant “attempted to shield himself from slowdown accountability by reporting alleged maintenance…