AMERICAN AIRLINES INC v. MAWHINNEY (2020)

United States Court of Appeals, Ninth Circuit.

AMERICAN AIRLINES, INC., Petitioner-Appellee, v. Robert Steven MAWHINNEY, Respondent-Appellant.

No. 19-55566

Decided: June 05, 2020

Before: LEAVY, PAEZ, and BENNETT, Circuit Judges.

John David Hayashi, Esquire, Morgan, Lewis & Bockius LLP, Costa Mesa, CA, Robert Jon Hendricks, Esquire, Attorney, Morgan Lewis & Bockius LLP, San Francisco, CA, for Petitioner - Appellee Robert Steven Mawhinney, Pro Se

MEMORANDUM **

Robert Steven Mawhinney appeals pro se from the district court’s judgment granting American Airlines, Inc.’s petition to confirm an arbitration award. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Johnson v. Gruma Corp., 614 F.3d 1062, 1065 (9th Cir. 2010). We affirm.

In his opening brief, Mawhinney challenges only the propriety of the decision to compel arbitration of his claim for whistleblowing retaliation, brought under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (“AIR21”), 49 U.S.C. § 42121. However, the order compelling arbitration of his AIR21 claim has already been affirmed in American Airlines, Inc. v. Mawhinney, 904 F.3d 1114 (9th Cir. 2018).

We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.

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