DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
151900P.pdf 08/31/2017 John Watson, V v. Air Methods Corporation
U.S. Court of Appeals Case No: 15-1900
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Colloton, Author, for the Court En Banc]
Civil case - Airline Deregulation Act. For the panel's opinion, see Watson
v. Air Methods, Corp., 834 F.3d 891 (8th Cir. 2016). In an action alleging
a common-law claim for wrongful discharge in violation of public policy,
the district court erred in dismissing the complaint on the ground it was
pre-empted by the pre-emption provision of the Airline Deregulation Act,
49 U.S.C. Section 41713(b)(1). Held: The Airline Deregulation Act does not
expressly pre-empt plaintiff's state-law wrongful-discharge claim
involving post-hoc reporting of alleged violations of air-safety
regulations. To the extent the court's earlier opinion in Botz v. Omni Air
International, 286 F.3d 488 (8th Cir. 2002)holds to the contrary, it is
overruled.
151900P.pdf 08/24/2016 John Watson, V v. Air Methods Corporation
U.S. Court of Appeals Case No: 15-1900
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Per Curiam - Before Wollman, Melloy and Colloton, Circuit
Judges]
Civil case - Employment law. Plaintiff's common-law tort action for
wrongful discharge in violation of public policy was properly dismissed
based on the preemption provision of the Airline Deregulation Act, see
Botz v. Omni Air International, 286 F.3d 488 (8th Cir. 2002); while this
case has been criticized in other circuits' opinions, one panel cannot
overturn another, and any request for reexamination of the decision should
be made in a petition for rehearing en banc.