Achievements & Results

Jay O’Brien Obtains Dismissal in Major Airline Discrimination Case

Jay O’Brien obtained dismissal on behalf of a major airline in a case where Plaintiff alleged that he was discriminated against based upon his race when he was not allowed to board a flight.  Plaintiff’s complaint sought a declaratory judgment, injunction, compensatory and punitive damages for alleged violations of 42 USC 1981, Title VI of the Civil Rights Act of 1964, and the Georgia Civil Rights Act, 1964.  Jay argued that Plaintiff’s 1981 and Title VI claims were barred by the statute of limitation.  While neither federal statute established a time limitation, the settled practice is to adopt a local time limitation as federal law.  In this case, Plaintiff’s claims were determined to be personal injury claims subject to a two year statute of limitation, rather than a six year statute of limitation for contracts.  Therefore, his claims for discrimination under 1981 and Title VI were properly dismissed.  Regarding the state claim for violation of the “Georgia Civil Rights Act of 1964,” there is no such law, and therefore, that claim was dismissed as well.

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