Charles R. Haggerty v. Usair, Inc

OPINION OF THE COURT

SLOVITER, Chief Judge.

On this appeal we must decide what is the appropriate statute of limitations for a private cause of action under the Employee Protection Program of the Airline Deregulation Act of 1978 (ADA or Act). Judicial search for a statute of limitations occurs, of course, only when the statute is silent, an inevitable by-product when the private right to sue on the claim has not been set out explicitly in the statute. That is the situation with the claim in question, filed under the Act’s Employee Protection Program, a “sunset” provision that expired in 1988,…