LexisNexis Overview: In
affirming the partial dismissal of a putative class claim against an airline,
the court concluded, on an issue of first impression, that service members
could not bring a freestanding cause of action for hostile work environment
against their employers pursuant to the Uniformed Services Employment and
Reemployment Rights Act (USERRA).
Counsel: For DEREK
CARDER, an Individual, on Behalf of Himself and all Others Similarly Situated,
MARK BOLLETER, an Individual, on Behalf of Himself and all Others Similarly
Situated, DREW DAUGHTERTY, An Individual, on Behalf of HImself and all Others
Similarly Situated, ANDREW KISSINGER, An Individual, oin Behalf of Himself and
all Others Similarly Situated, Plaintiffs - Appellants: Brian J. Lawler, Esq.,
Alexandra Gail Taylor, Pilot Law, P.C., San Diego, CA; Gene Joseph Stonebarger,
Esq., Stonebarger Law, A.P.C., Folsom, CA; Charles Michael Billy, Lake Forest,
CA; Andrew Struben de Klerk, Esq., Frilot, L.L.C., New Orleans, LA.
For CONTINENTAL AIRLINES, INC.,
a Delaware Corporation, Defendant - Appellee: Jeffrey C. Londa, Flyn Lee
Flesher, Ogletree Deakins, P.C., Houston, TX.
Judges: Before DAVIS,
WIENER, and BENAVIDES, Circuit Judges.
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