United States Ninth Circuit

The district court's dismissal of plaintiff airline pilot's action against defendant-airline, holding that plaintiff, who turned 60 years old six days before the Federal Aviation Administration's (FAA) Age 60 Rule was abrogated by the Fair Treatment for Experienced Pilots Act (FTEPA), did not qualify for one of the FTEPA's exceptions to non-retroactivity, is affirmed, where: 1) the FTEPA, which delayed the age at which pilots must cease flying from 60 to 65, was explicitly non-retroactive with two exceptions; 2) plaintiff did not qualify for either exception, as he was not employed "in such operations" and was not a "required flight deck member" as per 49 U.S.C. section 44729(e)(1)(A); 3) because plaintiff did not qualify for an exception, the FTEPA's abrogation of the Age 60 Rule was inapplicable to plaintiff; and 4) defendant acted "in conformance" with both the Age 60 Rule and the FTEPA when each was in effect, thereby immunizing it from any civil liability.

Appellate Information

• Decided 03/02/2015
• Published 03/02/2015

Judges

• Motz

Court

• United States Ninth Circuit

Counsel