McIntyre v. Nissan North America, Inc., No. 19-60246 (5th Cir. 2020)
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The Fifth Circuit withdrew its previous opinion and substituted the following opinion.
The court affirmed the district court's grant of defendants' motions for summary judgment in an action brought by plaintiff, alleging that he was wrongfully discharged for having a firearm in his vehicle parked in the employee lot. Plaintiff argued that his discharge was wrongful under Miss. Code. Ann. 45-9-55(1).
The court held that the section 45-9-55(2) exception applies because the general public's access to Lot 1B was restricted or limited. Therefore, the statutory exception to the right of an employee to have a firearm in his vehicle applies in this case. The court declined to consider Nissan's remaining arguments.
This opinion or order relates to an opinion or order originally issued on May 29, 2020.
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