Legal Opinion

Robert Swindol v. Aurora Flight Sciences Corp.

Court of Appeals for the Fifth Circuit

Decided August 28, 2015No. 14-60779PublishedCited by 61 opinions

1Opinion of the Court

LESLIE H. SOUTHWICK, Circuit Judge:

The district court dismissed Robert Swindol’s wrongful discharge and defamation claims under Federal Rule of Civil Procedure 12(b)(6). It held that Mississippi’s employment-at-will doctrine barred the wrongful discharge claim and that falsity had not been adequately alleged for the defamation claim. The wrongful discharge claim presents an important and determinative question of state law that has not been addressed by Mississippi courts. We conclude we should certify the question to the Mississippi Supreme Court.

Before explaining the reasons for the…

2Cases cited21 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Hertz Corp. v. FriendSupreme Court of the United States · 2010
  3. Cuvillier v. TaylorCourt of Appeals for the Fifth Circuit · 2007
  4. Penteco Corporation Limited Partnership--1985a, an Oklahoma Limited Partnership v. Union Gas System, Inc., a Kansas CorporationCourt of Appeals for the Tenth Circuit · 1991
  5. Shannon Leonard v. Enterprise Rent A CarCourt of Appeals for the Eleventh Circuit · 2002

16 more not listed; retrieve them via the Exa API.

3Cited by61 opinions

  1. MidCap Media Finance, L.L.C. v. Pathway Data, IncoCourt of Appeals for the Fifth Circuit · 2019
  2. United States v. Gregory GarciaCourt of Appeals for the Fourth Circuit · 2017
  3. Butler v. Denka Performance ElastomerCourt of Appeals for the Fifth Circuit · 2021
  4. Kokesh v. CurleeCourt of Appeals for the Fifth Circuit · 2021
  5. Mark Silguero v. CSL Plasma, IncorporatedCourt of Appeals for the Fifth Circuit · 2018

56 more not listed; retrieve them via the Exa API.

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