054181P.pdf   11/09/2006  Jake Pittari  v.  American Eagle
   U.S. Court of Appeals Case No:  05-4181
                          and No:  06-2287
   U.S. District Court for the Western District of Arkansas - Fayetteville   
   [PUBLISHED] [Riley, Author, with Colloton, Circuit Judge, and Kyle,
   District Judge]
   Civil case - employment discrimination. Flight attendant's ADA claim
   was not preempted by the Railway Labor Act since it sought to enforce
   a federal statutory right and not a contractual right embodied in the
   collective bargaining agreement between the airline and the flight
   attendants; although the airline restricted plaintiff from performing
   flight attendant duties because of their safety-sensitive nature,
   plaintiff admitted there were many other airline jobs he could have
   performed , and this evidence refuted any assertion that he suffered
   a significant reduction in meaningful employment opportunities; since
   plaintiff failed to show that the airline regarded him as disabled in
   the major life activity of working, the airline was entitled to judgment
   on the ADA claim as a matter of law; attorneys' fees and costs awards in
   plaintiff's favor vacated as he is no longer the prevailing party;
   airline was entitled to recover its post-offer costs under Rule 68, and
   the matter is remanded for calculation of those costs.