Swindol v. Aurora Flight Sciences Corp.’s Empirical Analysis
805 F.3d 516 · 2015
Citation profile
7 federal appellate · 2 state decisions
Relationships
Applies 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 1653
Relies on Ashcroft v. Iqbal · Hertz Corp. v. Friend · Clay v. Sun Ins. Office Ltd. · Cuvillier v. Taylor · Penteco Corporation Limited Partnership--1985a v. Union Gas System Inc
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the closeness of the question and the existence of sufficient sources of state law; (2) the degree to which considerations of comity are relevant in light of the particular issue and case to be decided; and (3) practical limitations of the certification process: significant delay and possible inability to frame the issue so as to produce a helpful response on the part of the state court.”
4 later decisions quote this exact passage · from the majority“Whether in Mississippi an employer may be liable for a wrongful discharge of an employee for storing a firearm in a locked vehicle on company property in a manner that is consistent with [Mississippi Code] Section 45-9-55.”
3 later decisions quote this exact passage · from the majority“It is undisputed that Aurora had a firearms policy that is inconsistent .with the statute. Those facts still leave as questions - whether the firing violated the statute and whether it can be remedied in this action despite the employment-at-,will doctrine. We hesitate to intrude into such a seemingly well-settled, area of state law. As the Mississippi Supreme Court has held, employment at will means employers may fire employees “for good reason, bad reason, or no reason at all, excepting only reasons independently declared legally impermissible.” Mc Arn v. Allied Bruce-Terminix Co., Inc., 626 So.2d 603, 606 (Miss.1993) (citation and quotations omitted). The two exceptions to the Mississippi employment-at-will doctrine identified by the McAm court over 20 years ago remain the only two recognized so far. Neither McAm exception applies here. See id. at 607 . Though the Mississippi Supreme Court has not expanded the exceptions after McAm, the court has been clear that the legislature has the authority to create new exceptions. See, e.g., Kelly v. Miss. Valley Gas Co., 397 So.2d 874, 876 (Miss.1981). In Kelly , 'the court held that the employment-at-will doctrine barred the plaintiffs ‘claims for retaliatory discharge based ón his employer’s firing him for exercising his statutory right to file a workmen’s compensation claim. Id. The: Kelly court based' its decision largely on the lack of a statutory provision expressly making it a crime for an employer to discharge an employee f”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.