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Current Cases

Current Cases

Allman v. American Airlines, Inc. Pilot Retirement Program Variable Income Plan, No. 14-cv-10138-IT (D. Mass.) – Class Settlement of Over $6 Million

On January 17, 2014, James Michael Allman filed a class action lawsuit under the Uniformed Services Employment and Reemployment Act (“USERRA”) and the Employee Retirement Security Income Act of 1974 (“ERISA”) alleging that American Airlines and its retirement plan adopted a policy for determining and making pension contributions to pilots’ Plan accounts in a manner that did not comply with USERRA. The lawsuit alleges that the earnings that were used under the policy to calculate employer contributions for periods of Long-Term Military Leave were based on the average earnings of three more...
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Cunningham v. Federal Express Corp., No. 3:17-cv-00845 (M.D. Tenn.)

On May 12, 2017, Clifton Cunningham and Don Teed, mechanics who work at Federal Express Corp. (FedEx), filed a nationwide class action lawsuit alleging that FedEx violated the pension rights of thousands of its employees who took military leave to serve in the National Guard and Reserves. Cunnigham and Teed alleged that since 2002 FedEx mechanics and other employees who regularly earn overtime pay or otherwise have wages that fluctuate have been deprived of pension contributions mandated by the federal Uniformed Services Employment & Reemployment Rights Act (USERRA). On August 8, 2017,...
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Hall v. L-3 Communications Corp. et al, No. 2:15-cv-231-SAB (E.D. Wash.)

On September 2, 2015, Reservists and Pilots Mitch Hall and Nathan Kay filed a federal lawsuit against L-3 Communications Corp. (“L-3”), a major defense contractor, alleging that L-3 violated the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) by denying employment to Kay and reemployment to Hall. On February 23, 2017, Hall and Kay were authorized by the District Court to pursue their case as a putative class action lawsuit. In the class action complaint, Hall and Kay allege that L-3 discriminated against reservists who applied to work as pilots for L-3 and two of its...
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Huntsman v. Southwest Airlines Co., No. 4:17-cv-03972 (N.D. Cal.)

On July 14, 2017, Southwest Airlines pilot Jayson Huntsman filed a federal veterans rights class action lawsuit against Southwest Airlines alleging that for over a decade hundreds to thousands of Southwest pilots have been denied retirement and sick leave benefits that they are owed under federal law for periods in which they served in the Armed Forces. The federal law the pilots invoked, the Uniformed Services Employment & Reemployment Rights Act (USERRA), requires employers to contin ue making retirement benefits to their employees who take military leave to serve in the Armed Forces,...
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Martin v. State of Washington and the Washington State Patrol, No. 14-2-00016-7 (Wash. Super. Ct.) – Class Settlement of Approximately $15 million

In January 2014, Christina Martin filed a class action lawsuit in Washington Superior Court alleging that the Washington State Patrol (“WSP”) has failed to provide military veterans with a veterans preference that is guaranteed under Washington State law when veterans apply to become WSP troopers or apply to be promoted to the position of Sergeant or Lieutenant. Martin and the other Plaintiffs alleged that the WSP had violated the Uniformed Services Employment and Reemployment Rights Act’s (“USERRA”) anti-discrimination prohibition by denying the Plaintiffs the veterans preference. On May 5,...
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Podliska v. House Benghazi Committee and Rep. Trey Gowdy, No. 15-cv-2037-RDM (D.D.C.)

In November 2015, Bradley Podliska, a former investigator of the House Benghazi Committee, filed a lawsuit in the U.S. District Court for the District of Columbia alleging that the House Benghazi Committee discriminated and retaliated against him in violation of the Uniformed Services Employment and Reemployment Rights Act (“USERRA), “a federal civil rights law that prohibits discrimination and retaliation based on military service or status. Podliska also filed defamation and due process claims against Rep. Trey Gowdy regarding statements that Gowdy made after the New York Times and CNN...
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Quick v. Frontier Airlines, et al., 1:15-cv-00765-REB-KMT (D. Colo.).

In 2015, Edward Quick, a former Frontier Airlines pilot who served in the U.S. Army Reserve from 2007 to 2014, filed a lawsuit alleging that Frontier Airlines did not properly reemploy him when he completed his military service in 2014 in violation of the Uniformed Services Employment and Reemployment Rights Act’s (USERRA). USERRA, 38 U.S.C. 4301 et seq. , is the federal law that prohibits discrimination based on military service or status, guarantees that servicemembers can take military leave from their civilian jobs, and requires employers to reemploy servicemembers when they finish their...
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Savage v. Federal Express Corp. et al, No. 16-5244 (6th Cir.)

In 2014, Kenneth E. Savage filed a lawsuit alleging that Federal Express Corp. violated the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) by failing to provide him with the required pension credits. In the district court, Federal Express was granted summary judgment on Savage’s USERRA pension claim. On appeal, the Sixth Circuit reversed the grant of summary judgment on Savage’s pension claim, holding that FedEx’s formula for calculating servicemembers’ pension credits is at odds with Section 4318. In 2018, Savage and FedEx settled the case. Contact: Peter Romer-Friedman...
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Tuten v. United Airlines, Inc., No. 12-cv-1561-WJM-MEH (D. Colo.) - Class Settlement of $6.15 Million

On June 15, 2012, James Daniel Tuten filed a class action lawsuit under the Uniformed Services Employment and Reemployment Act (“USERRA”) alleging that United Airlines made the incorrect contributions to pilots’ retirement accounts from 2010 to 2011 in violation of USERRA. The Lawsuit alleged that the earnings that United used to calculate employer contributions were based on the monthly “line guarantee” under the pilots’ Collective Bargaining Agreement (“CBA”), and that instead United should have used earnings that were based on each pilot’s average monthly hours from the 12 months prior to...
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