Robert Swindol v. Aurora Flight Sciences Corp.
805 F.3d 516
| 5th Cir. | 2015Background
- Swindol, a Mississippi resident, worked for Aurora Flight Sciences in Mississippi; he parked a car on company property with a locked firearm inside and was terminated the same day for violating Aurora’s no-firearms policy.
- Aurora held a plant-wide meeting labeling Swindol a security risk and instructed employees to call police if they saw him near the facility; Swindol sued for wrongful discharge and defamation under Mississippi law in federal court invoking diversity jurisdiction.
- The district court dismissed the wrongful discharge claim with prejudice (holding employment-at-will barred recovery) and dismissed the defamation claim without prejudice for insufficient factual specificity under Iqbal.
- On appeal the Fifth Circuit confirmed diversity jurisdiction after judicially noticing and accepting parties’ stipulation that Aurora’s principal place of business is Virginia (Aurora is a Delaware corporation with its principal office in Virginia).
- The Fifth Circuit found no controlling Mississippi precedent on whether Miss. Code § 45-9-55 (prohibiting employers from enforcing rules that bar transporting/storing a firearm in a locked vehicle in an employer parking area and containing an immunity clause) creates a public-policy exception to Mississippi’s employment-at-will doctrine.
- Because the question is state-law dispositive and unsettled, the Fifth Circuit certified to the Mississippi Supreme Court whether an employer may be liable for wrongful discharge when an employee stores a firearm in a locked vehicle on company property consistent with § 45-9-55.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Miss. Code § 45-9-55 creates a public-policy exception to employment-at-will making termination for compliant vehicle storage actionable | Swindol: § 45-9-55 prohibits employers from enforcing rules forbidding locked-vehicle storage and thus creates a statutory public-policy exception to at-will firing | Aurora: Employment-at-will remains controlling; Mississippi courts have not recognized such an exception and the statute does not create a private right to sue for discharge | Certified to Mississippi Supreme Court: Fifth Circuit declines to decide and asks state court whether liability exists under state law |
| Whether § 45-9-55(5) immunizes employers from civil liability arising from termination for violating an employer firearms policy | Swindol: The immunity provision should not bar wrongful-discharge claims based on enforcement of inconsistent policies | Aurora: Subsection (5) bars civil actions arising from occurrences involving transportation/storage/possession of firearms, which could encompass discharge-related claims | Certified for state court interpretation of subsection scope and effect on suit |
| Whether federal court should create state-law exception in absence of Mississippi precedent | Swindol: Public-policy favoring bearing arms and statutory language justify recognizing an exception | Aurora: Federal court should not expand state exceptions; comity favors state supreme court resolution | Fifth Circuit refused to create new exception and certified question to state supreme court |
| Jurisdictional sufficiency for appeal (diversity) | Swindol: Alleged Aurora is Delaware corporation; later stipulated principal place of business is Virginia | Aurora: Not disputed after stipulation; parties submitted public records | Fifth Circuit took judicial notice of public records, found complete diversity, and allowed amendment under 28 U.S.C. § 1653 |
Key Cases Cited
- Nadler v. Am. Motors Sales Corp., 764 F.2d 409 (5th Cir.) (pleading requirements for corporate citizenship in diversity suits)
- Kaufman v. W. Union Tel. Co., 224 F.2d 723 (5th Cir.) (approach to judicial notice on jurisdictional facts)
- Hertz Corp. v. Friend, 559 U.S. 77 (2010) (‘principal place of business’ defined by where officers direct, control, and coordinate)
- Coleman v. Dretke, 409 F.3d 665 (5th Cir.) (taking judicial notice of public online records)
- McArn v. Allied Bruce-Terminx Co., Inc., 626 So.2d 603 (Miss.) (Mississippi employment-at-will doctrine and its recognized exceptions)
- Firemen’s Ins. Co. of Newark v. Robbins Coal Co., 288 F.2d 349 (5th Cir.) (amendment of jurisdictional allegations under § 1653)
- Williamson v. Elf Aquitaine, Inc., 138 F.3d 546 (5th Cir.) (factors guiding certification to state supreme court)