5th Circ. Won't Revive FedEx Pilot's Suit Over Flight Safety

Law360 (June 30, 2020, 7:17 PM EDT) -- The Fifth Circuit on Tuesday refused to revive a FedEx pilot's complaint with the U.S. Department of Labor's Occupational Safety and Health Administration that alleged FedEx violated air-carrier-safety whistleblower protection laws by failing to take seriously his concerns about the potential for terrorists to attack cargo planes.

In a 12-page unpublished opinion, a three-judge panel denied Mark Estabrook's petition to review the DOL's Administrative Review Board decision to uphold an administrative law judge's ruling tossing his complaint, finding that "substantial evidence" supported the judge's conclusion that comments Estabrook made warning the company about terrorists potentially using publicly available package-tracking data to...

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