Haggerty
Haggerty v. American Airlines, Inc.
Opinion
Lead Opinion
MEMORANDUM **
Joseph Haggerty appeals the district court’s summary judgment for American Airlines, Inc. (“American”). Haggerty alleged that American violated Arizona’s Employment Protection Act (“AEPA”), A.R.S. § 23-1501, by wrongfully terminating him in retaliation for asserting his rights under Arizona’s workers compensation laws. The district court determined that Haggerty’s AEPA claim was untimely as a matter of law because it was filed over one year after his termination date. Haggerty asserts that his pursuit of his rights under a collective bargaining agreement tolled the applicable one-year statute of limitations. The district court had diversity jurisdiction in this case under 28 U.S.C. § 1332 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
Haggerty’s wrongful termination cause of action accrued when American terminated his employment on December 22, 2000. See Int’l Union of Elec. Workers Local 790 v. Robbins & Myers, Inc., 429 *625 U.S. 229, 234-35 , 97 S.Ct. 441 , 50 L.Ed.2d 427 (1976). Haggerty filed his AEPA action two years after it was barred by the applicable one-year statute of limitations. See A.R.S. § 12-541(4).