PODLISKA v. U.S. HOUSE SELECT COMMITTEE ON THE 2012 TERRORIST ATTACK IN BENGHAZI et. al., 1:15-cv-02037 (D.C. 2015)
Dec 15, 2016
OUTCOME: Resolved before trial
A former investigator for the House Select Committee on Benghazi filed a lawsuit against the panel and its chairman, Trey Gowdy, for violations of USERRA anti-discrimination statue and for defamation ...against Congressman Trey Gowdy. Bradley F. Podliska, said in the suit that he had been dismissed because he left the committee for several weeks to fulfill his duties as an Air Force reservist and that statements made by Chairman Gowdy in the news media defamed him and damaged his reputation.
Employment and labor
Hanson v. Kitsap County
Mar 16, 2015
OUTCOME: Verdict in favor of Plaintiff on USERRA and WLAD
Jury verdicts on discrimination, retaliation and a finding of willful in favor of a returning Iraq War Veteran. A 4 day trial in federal district court in Tacoma, Washington.
Class action
Tuten v. United Airlines, Inc., 1:12-cv-01561-WJM-MEH (D. Colo.)
Jun 15, 2012
OUTCOME: $6.2 million settlement in favor of the pilots' retirement fund
Summary of the Lawsuit
This lawsuit was filed against United Airlines, Inc. (“United”) on behalf of United pilots who took military leave between 2000 and 2010 and who did not receive the full amount ...of their pension contributions required by the federal Uniformed Services Employment and Reemployment Rights Act (“USERRA”). The action, Tuten v. United Airlines, Inc., 1:12-cv-01561-WJM-MEH (D. Colo.), was filed on June 15, 2012, and is pending in the federal court in Denver, Colorado.
Summary of the Claims
The complaint alleges that from 2000 to 2010 United failed to make pension contributions to its pilots for periods of military leave based on each pilot’s 12-month average earnings before the period of military leave, as federal law requires. Instead, United had a policy of making pension contributions based on the minimum monthly flight hours guaranteed under the pilots’ collective bargaining agreement. As a result, United pilots who took military leave from 2000 to 2010 did not receive the full amount of pension contributions to their accounts in the United pension plan, the Pilots’ Directed Account Retirement Income Plan (“PDAP”).
Under USERRA, 38 U.S.C. § 4318, employers must make pension contributions on behalf of employees covering the periods when they take leave to serve in the United States Armed Forces. When an employee’s earnings are not reasonably certain, USERRA provides that pension contributions must be based on the employee’s average earnings from the 12-month period that preceded any military leave. The Complaint alleges that the earnings of the United pilots were not reasonably certain and therefore pilots’ pension contributions should have been based on their average earnings from the 12-month period prior to their military leave.
This case seeks a declaration that United’s policy by which it made pension contributions between 2000 and 2010 violated USERRA and an order requiring United to fully compensate all pilots for the pension contributions that should have been made, as well as any loss of pension benefits, including any lost earnings on unmade contributions, and an equal amount of liquidated damages.
Class Action Allegations
This action is brought on behalf of the following Class:
All former or current pilots of United Airlines, Inc. nationwide who were participants in the United Airlines Pilot’ Directed Account Retirement Income Plan between April 1, 2000 and November 30, 2010, who took military leave between April 1, 2000 and November 30, 2010, received pension contributions from United Airlines, Inc. based on the monthly minimum flight hours guaranteed under the pilots’ collective bargaining agreement, and whose average rate of compensation or flight hours during a 12-month period that immediately preceded a period of military leave (or, if shorter, the period of employment immediately preceding such period of military leave) exceeded the monthly minimum flight hours guaranteed under the pilots’ CBA. (The monthly minimum flight hours guaranteed were 75 hours from 2000 to May 2003, and 70 hours from May 2003 to November 2010).
Appeals
Staub v. Proctor Hospital, 09-400
Mar 01, 2011
OUTCOME: 8-0 in favor of the appellant, Vincent Staub
U.S. Supreme Court - March 1, 2011
In an 8-0 decision the United States Supreme Court reversed the unfavorable decision of the United States Court of Appeals for the Seventh Circuit: Staub v. Proc...tor Hospital, 560 F.3d 647 (7th Cir. 2009). The Court of Appeals decision is discussed in detail in Law Review 0922 (June 2009). I am the attorney wrote the amicus brief for the Reserve Officers Association avaialble at http://www.americanbar.org/publications/preview_home/publiced_preview_briefs_nov2010.html
Appeals
Lisdahl v. Mayo Foundation
Feb 28, 2011
OUTCOME: Affirmed
Counsel for Appellants
Chad Leroy Lisdahl, a veteran, sued Gold Cross Ambulance, a part of the Mayo
Foundation for Medical Education and Research, and David B. Johnson, his
supervisor at Gold Cro...ss, alleging workplace discrimination and constructive
discharge on the basis of veteran status, in violation of the Uniformed Services
Employment and Reemployment Act of 1994, 38 U.S.C. §§4301-4335 (“USERRA”).
Michael T. Amendola and Roger A. Swor, Gold Cross paramedics, also sued under
USERRA alleging retaliation by Gold Cross and Johnson for providing statements
in support of Lisdahl’s claims. The district court granted defendants’ motion for summary judgment in the retaliation cases of Amendola and Swor. See Amendola v. Mayo Found. for Medical Educ. and
Research, Nos. 08-6231, 08-6232, 2010 WL 1286087 (D.Minn. Mar. 29, 2010).
Appeals
Fannin v. United Space Alliance
Aug 16, 2010
OUTCOME: Affirmed
Veteran's rights were violated by the employer who used "other reasons" as a pretext to deny the Veteran his pay raises when he returned from deployment in Iraq. The trial court entered Summary Judgme...nt that is based on a misinterpretation of the USERRA and therefore should be reversed on appeal. I wrote the briefing for this appeal.
Appeals
Gross v. PPG
N/A
OUTCOME: Affirmed
Employer violated Veteran's rights under the USERRA by failing to follow its own military leave policy and denying the Veteran pay. The trial court entered Summary Judgment dismissing the case based o...n flawed legal reasoning and misinterpretation of several statutes. I wrote the briefing for this appeal.
