Darrell F. Alessi v. Northwest Airlines (8th Cir. 1996)
Federal Circuits, 8th Cir. (December 13, 1996)
Docket number: 96-2259
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U.S. Court of Appeals for the 8th Cir. - Sharon Tyus, Plaintiff, Sterling S. Miller, Appellant, Irving Clay, Jr.; Bertha Mitchell, Plaintiffs, Clarence Woodruff, Appellant, Claude Taylor, Plaintiff, Paula J. Carter, Appellant, Freeman Bosley, Sr., Plaintiff, William L. Clay, Jr.; Kenneth Jones, Appellants, v. Vincent C. Schoemehl; Thomas A. Villa; Board of Aldermen, of the City of St. Louis; Board of Election Commissioners, of St. Louis City; City of St. Louis, a Municipal Corporation, Appellees., 93 F.3d 449 (8th Cir. 1996) Plaintiff, Sterling S. Miller, Appellant, Irving Clay, Jr.; Bertha Mitchell, Plaintiffs, Clarence Woodruff, Appellant, Claude Taylor, Plaintiff, Paula J. Carter, Appellant, Freeman Bosley, Sr., Plaintiff, William L. Clay, Jr.; Kenneth Jones, Appellants, v. Vincent C. Schoemehl; Thomas A. Villa; Board of Aldermen, of the City of St. Louis; Board of Election Commissioners, of St. Louis City; City of St. Louis, a Municipal Corporation, Appellees.
U.S. Court of Appeals for the 8th Cir. - Barbara Ruth Demming, Appellant, v. Housing and Redevelopment Authority, of Duluth, Minnesota; Donald Zeh, Individually and as a Commissioner of the Housing and Redevelopment Authority of Duluth, Mn; Helen Horral, Individually and as a Commissioner of the Housing and Redevelopment Authority of Duluth, Mn; Violet Griffith, Individually and as a Commissioner of the Housing and Redevelopment Authority of Duluth, Mn; Nora Hakala, Individually and as a Commissioner of the Housing and Redevelopment Authority of Duluth, Mn, Appellees., 66 F.3d 950 (8th Cir. 1995) Appellant, v. Housing and Redevelopment Authority, of Duluth, Minnesota; Donald Zeh, Individually and as a Commissioner of the Housing and Redevelopment Authority of Duluth, Mn; Helen Horral, Individually and as a Commissioner of the Housing and Redevelopment Authority of Duluth, Mn; Violet Griffith, Individually and as a Commissioner of the Housing and Redevelopment Authority of Duluth, Mn; Nora Hakala, Individually and as a Commissioner of the Housing and Redevelopment Authority of Duluth, Mn, Appellees.
No. 96-2259 Darrell F. Alessi, Appellant, v. Northwest Airlines, Inc., a foreign corporation, Appellee. Submitted: December 10, 1996 Filed: December 13, 1996 Before FAGG, WOLLMAN, and MURPHY, Circuit Judges. PER CURIAM. In separate actions, Darrell F. Alessi sued Northwest Airlines, Inc. ("Northwest"), Delta Air Lines ("Delta"), and United Airlines ("United"), alleging his applications for a pilot position were denied in violation of the Employee Protection Program of the Airline Deregulation Act of 1978, 49 U.S.C.A. § 42103(a). The critical issue common to all of Alessi's actions was whether he was a "protected employee" entitled to be the first employed by a covered air carrier. In the parallel case against Delta, the court held that Alessi was not a "protected employee." Ackerman v. Delta Airlines, Inc., 920 F. Supp. 1269, 1276-78 (N.D. Ga. 1995). After concluding Alessi's claim was barred by this decision, the district court1 granted Northwest's motion for summary judgment on collateral estoppel grounds. Alessi appeals, and we now affirm. We review de novo the grant of summary judgment, applying the same standard as the district court. Demming v. Housing and Redevelopment Auth., 66 F.3d 950, 953 (8th Cir. 1995). Because the Delta decision determining Alessi was not a "protected employee" bars relitigation of this issue, we agree with the district court that Northwest is entitled to judgment as a matter of law. See Tyus v. Schoemehl, 93 F.3d 449, 453 (8th Cir. 1996) (discussing collateral estoppel requirements); Aetna Casualty & Sur. Co. v. General Dynamics Corp., 968 F.2d 707, 711 (8th Cir. 1992) (same); Perkins v. Spivey, 911 F.2d 22, 35 (8th Cir. 1990) (recognizing defensive use of collateral estoppel), cert. denied,
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