Legal Opinion

Ameristar Airways, Inc. v. Administrative Review Board

Court of Appeals for the Fifth Circuit

Decided August 11, 2011No. 10-60604PublishedCited by 19 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Thomas E. Clemmons, the former director of operations for Ameristar Mr-ways, filed a complaint with the Secretary of Labor alleging he was discharged in retaliation for reporting air safety issues to the Federal Aviation Administration. The Department of Labor Administrative Review Board found a violation of the employee protection provision of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (“AIR21”),1 ordering an award of back pay.2 We affirm the finding of liability but remand to the agency for additional findings regarding…

2Cases cited14 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  3. Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
  4. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  5. St. Mary's Honor Center v. HicksSupreme Court of the United States · 1993

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3Cited by19 opinions

  1. Araujo v. New Jersey Transit Rail Operations, Inc.Court of Appeals for the Third Circuit · 2013
  2. Ray v. Union Pacific RailroadDistrict Court, S.D. Iowa · 2013
  3. Yowell v. Admin Rev BdCourt of Appeals for the Fifth Circuit · 2021
  4. Ameristar Airways, Inc. v. Administrative Review BoardCourt of Appeals for the Fifth Circuit · 2014
  5. Lillian v. National Railroad Passenger Corp.District Court, N.D. Illinois · 2017

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