Harwood III v. American Airlines, Inc.

Filing 53

MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 5/23/2018. (rban, )

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