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EMORY v. UNITED AIR LINES, INC.

Nos. 11-7142, 12-5026.

720 F.3d 915 (2013)

George EMORY, et al., Appellants v. UNITED AIR LINES, INC., a Corporation and Wholly Owned Subsidiary of UAL Corporation and Air Line Pilots Association, Appellees United States of America, Intervenor. Grant O. Adams, et al., Appellants Troy G. Avera, et al., Appellees v. United States of America, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 21, 2013.

Attorney(s) appearing for the Case

John S. Lopatto III argued the cause and filed the briefs for appellants in Case No. 11-7142.

Granville C. Warner argued the cause for appellee Air Line Pilots Association International in Case No. 11-7142. Gary S. Kaplan argued the cause for appellee United Air Lines, Inc. in Case No. 11-7142. With them on the brief were Marta Wagner and Eric Jansen . Jonathan A. Cohen entered an appearance.

Jonathan Turley argued the cause and filed the briefs for appellants in Case No. 12-5026.

Edward Himmelfarb , Attorney, U.S. Department of Justice, argued the cause for appellees in Case No. 12-5026. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, and Michael Jay Singer , Attorney.

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge:

With the enactment of the Fair Treatment for Experienced Pilots Act of 2007 ("FTEPA" or "Act"), Pub.L. No. 110-135, 121 Stat. 1450, Congress repealed the Federal Aviation Administration's ("FAA") long-contested "Age 60 Rule" and extended the maximum age for piloting commercial flights by five years to 65. FTEPA marked a significant victory for opponents of the old regime, but not everyone was satisfied. Under the Act's nonretroactivity provision...

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