Ameristar Airways, Inc. v. Administrative Review Board

LESLIE H. SOUTHWICK, Circuit Judge:

This court previously affirmed the Administrative Law Judge’s (“ALJ”) determination that Ameristar Airways was liable for discharging Thomas Clemmons in violation of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (“AIR21”), 49 U.S.C. § 42121. We remanded for the determination of a single issue: whether an e-mail found by Ameristar after Clemmons was fired “was of such severity that [he] would have been terminated on those grounds alone.... ” Ameristar Airways, Inc. v. Admin. Rev. Bd., 650 F.3d 562, 570 (5th Cir.2011) (alteration…