Whether the United States Court of Appeals for the Third Circuit erred by explicitly relying on American Airlines' misrepresentation of the terms of the governing collective bargaining agreement

QUESTIONS PRESENTED 1. Whether the United States Court of Appeals for the Third Circuit erred by explicitly relying on American Airlines’ misrepresentation of the terms of the governing collective bargaining agreement to affirm dismissal on summary judgment, where American Airlines knowingly omitted from its brief a controlling arbitration award that directly contradicted American Airlines’ representation of how attendance records are determined and where Plaintiff Farkhan Shah identified the problem (and cited the controlling award) in his reply brief to the Third Circuit in response to American Airlines’ misrepresentation of the agreement? 2. Whether the Third Circuit improperly affirmed the District Court’s assertion of jurisdiction upon American Airlines’ motion for removal . where at least one named defendant, Keith Reisen, is a citizen of the same state as Plaintiff Shah (New Jersey), thus defeating the “complete diversity” required? 3. Whether the Third Circuit erred when it affirmed a District Court determination that the plaintiff could not assert claims under the New Jersey Law Against Discrimination by concluding that Plaintiff Shah | i |. | ; | did not work in New Jersey despite extensive record evidence that . Plaintiff Shah most frequently performed his duties out of the airport | in Newark, New Jersey and regardless of whether American Airlines , considered the airport at Newark, New J ersey to be a co-terminal to its “New York” operations? | 4, Whether American Airlines unjustly punished 21-year veteran flight attendant Plaintiff Shah, as a Muslim of Pakistani national origin, for | enduring the discrimination that he indisputably suffered repeatedly and for years following the terrorist attacks of September 11, 2001, by | terminating him under false pretenses, and thereby violated the New | Jersey Law Against Discrimination? | 5. Whether American Airlines impermissibly violated Plaintiff Shah’s right to practice his religion and/or to speak freely under the First Amendment to the U.S. Constitution, or retaliated against him for : exercising such rights, when it repeatedly refused to protect him and, | ultimately, terminated his employment under false pretenses? ; 1 i . i