Akerlund v. Atlas Air, Inc.
Airline employees who objected to COVID-19 vaccination, masking, and testing protocols sued Atlas Air and a staffing contractor on Title VII, FDCA, constitutional, and Florida tort theories. The Eleventh Circuit affirmed dismissal of the third amended complaint — no personal jurisdiction over the Texas-based staffing company, and failure to state a claim on the merits — holding among other things that internal circulation of employees' vaccination status for scheduling purposes does not satisfy Florida's publicity element for invasion of privacy, and that COVID-era workplace protocols are not 'outrageous' conduct under Florida IIED law. The court separately referred plaintiffs' counsel to the Committee on Lawyer Qualifications and Conduct for filing two briefs riddled with AI-hallucinated citations.
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