Carder v. Cont'l Airlines, Inc., 636 F.3d 172 (March 22, 2011)

Carder v. Cont'l Airlines, Inc., 636 F.3d 172 (March 22, 2011)

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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