Henry Weiland v. American Airlines, Inc.

Judge REINHARDT dissented because he would hold that Weiland qualified for the exception in § 44729(e)(1)(A).

OPINION

MOTZ, Senior District Judge:

This case involves a difficult question of statutory construction that may currently apply only to a class of one. Although somewhat uncomfortable with the conclusion we reach, we hold that Plaintiff Henry Weiland, who turned 60 six days before the FAA’s Age 60 Rule was abrogated by the Fair Treatment for Experienced Pilots Act (“FTEPA”), does not qualify for one of the FTEPA’s exceptions to non-retroactivity. The district court reached the same…