United States Third Circuit

Plaintiff's retaliation claim is not preempted by the Airline Deregulation Act, as amended by the Whistleblower Protection Program, where his claim is not related to the "service of and air carrier" within the meaning of 49 U.S.C. section 41713(b)(1).

Appellate Information

• Decided 02/03/2005
• Published 02/03/2005

Judges

• Before NYGAARD and GARTH, Circuit Judges, and POLLAK, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Mark A. Berman, Michael A. Baldassare, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, for Appellant, Ray Gary.


• For Appellees:
  
• Todd H. Girshon, Jackson Lewis LLP, New York, for Appellee, The Air Group, Inc.