Harwood III v. American Airlines, Inc., No. 1:2017cv00484 - Document 53 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 5/23/2018. (rban, )
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Harwood III v. American Airlines, Inc. Doc. 53 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division MAJOR GENERAL THOMAS P. HARWOOD III, Case No. 1:17-cv-0484 Plaintiff, Hon. Liam O'Grady V. AMERICAN AIRLINES,INC., Defendant. MEMORANDUM OPINION This matter comes before the Court on cross-motions for summarj'judgment. Dkt. Nos. 41 and 44. The motions are fully briefed and the Court heard oral argument on April 13, 2018. For the following reasons, the reasons stated from the bench, and for good cause shown, summary judgment is GRANTED in part for the Plaintiff as to Counts II and III of the Amended Complaint and DENIED as to Defendant's affirmative defense against liquidated damages that it acted reasonably and in good faith and that its actions were not willful. Defendant's motion for summary judgment is DENIED in part on Counts II and III ofthe Amended Complaint and GRANTED in part on the question of liquidated damages. I. Background The facts ofthis case are undisputed. Plaintiff Thomas P. Harwood III alleges that Defendant American Airlines(American) violated the Uniformed Services Employment and Reemployment Act(USERRA)when it refused to reinstate him as a pilot following active duty military service where American determined that Plaintiff was ineligible to fly because he lacked medical clearance required by the Federal Aviation Administration. Harwood is a Major General Dockets.Justia.com
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