Jottings By An Employer's Lawyer

Thursday, August 21, 2003

11th Cir. - Florida Whistleblower Statute Not Pre-empted by Airline Deregulation Act, Even Though It Now Has Whistleblower Provision

Nothing is worse (well almost nothing) than being told that it is really a close call, before the Court says - "you lose". That was what happened to the defendant as it argued that it should be entitled to summary judgment because the Airline Deregulation Act pre-empted the Florida whistleblower statute, which was the only cause of action brought. Close, but no cigar, or words to that effect, according to the Court. Branche v. Airtran Airways, Inc., No. 02-14920 (11th Cir. 8/21/03) [pdf].

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