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United States Ninth Circuit


Hester v. Vision Airlines, Inc., 11-15646

In plaintiff's suit against his former employer on behalf of a class of pilots and flight crew employees to recover "hazard pay" which was established by the government during the U.S. military occupation of Iraq and Afghanistan to compensate pilots and crew members for risking their lives by transporting supplies through war zones, the decision of the district court is affirmed in part, reversed in part, and remanded where: 1) the district court did not abuse its discretion by striking defendant's Answer; 2) the claims in the complaint were legally sufficient to support the default judgment; 3) the district court did not abuse its discretion by certifying the class; and 4) district court erred in dismissing, on the morning of the trial, the class's claim for punitive damages.

Appellate Information

  • Decided 07/18/2012
  • Published 07/18/2012

Judges

  • Goodwin

Court

  • United States Ninth Circuit

Counsel

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