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PHILLIPS v. L. BRANDS SERVICE COMPANY, L.L.C.

No. 22-30245.

82 F.4th 291 (2023)

David M. PHILLIPS, Plaintiff-Appellant, v. L. BRANDS SERVICE COMPANY, L.L.C., incorrectly identified as L Brands Direct Fulfillment, LLC; Aidan Duffy, Originally named as Aiden Duffy; Shawn David Tolbert, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED September 8, 2023.

Attorney(s) appearing for the Case

Glenn Charles McGovern, Esq. (argued), Callan Johns, Esq. , Law Office of Glenn C. McGovern, Metairie, LA, Peyton M. Bowman , New Orleans, LA, for Plaintiff-Appellant.

Andrew Christian Smith (argued), Oliver Daniel Frey, Esq. , Vorys, Sater, Seymour & Pease, L.L.P., Columbus, OH, Phillip Jay Antis, Jr. , Marianna Knister Downer , Gordon Arata Montgomery Barnett, New Orleans, LA, for Defendants-Appellees.

Before Richman, Chief Judge, and King and Higginson, Circuit Judges.

Plaintiff-Appellant David M. Phillips contracted with Dicom Transportation Group to work as a delivery driver. In this position, he would handle deliveries for Defendant L Brands Service Company, LLC, which serviced the retail locations of both Bath and Body Works and Victoria's Secret. In 2017, after experiencing...

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