· 5/5/2023
David Dungan v. State of Alabama
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that Congress’s 2007 amendment to the STAA incorporated the preponderance of the evidence standard “set forth in the whistleblower provision of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, 49 U.S.C. § 42121(b)(2)(B)”
- finding sufficient evidence supporting administrative finding of pretext when “[the defendant]’s rationale for [the plaintiff]’s termination . . . was inconsistent”
- noting that employee is entitled to back pay under 7 This is the product of 52 weeks per year, 52.6 hours per week, and $30 per hour. STAA for period of lower-paying employment that began after higher-paying mitigation employer terminated plaintiff for cause
- describing federal common law rule that “claims to compensate the plaintiff . . . survive a No. 24-5119 Black Farmers & Agriculturalists Ass’n et al. v. Rollins et al. Page 8 party’s death” (citation modified)
Source: CourtListener parenthetical corpus (CC0).
Judges: JUDGE KELLUM
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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