Supreme Court Turns Away Former Delta Pilots’ Military Leave Case

October 5, 2026 — The U.S. Supreme Court on Monday declined to hear an appeal from two former Delta Air Lines (DL) pilots who said the airline pushed them out for taking military leave. The refusal leaves Delta’s win in the lower courts in place and ends the case.

What happened

Law360 reports the justices turned away the pilots’ petition on October 5, the first day of the court’s new term. The court gave no reasons, as is usual when it declines a case.

The case is McLean and Doyle v. Delta Air Lines. Adam McLean and James Doyle flew for Delta while serving as U.S. Air Force reservists. They sued under USERRA, the federal law that protects the civilian jobs of people who serve in the military.

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What the pilots claimed and what the courts found

HRD America, which summarized the April ruling, says the appeals court upheld summary judgment for Delta on all three claims.

What it means for non-revs

There is no standby or pass-travel angle here. The story matters to the many airline pilots and other employees who also serve in the Guard or Reserve.

• The ruling binds only the Eleventh Circuit, which covers Georgia, Florida and Alabama. That includes Delta’s Atlanta headquarters and largest pilot base.
• A Supreme Court refusal sets no national rule. It does not mean the justices agreed with the lower court, and courts elsewhere may read USERRA differently.
• Keep sick leave and military duty clearly separate. The appeals court’s reasoning turned on how the pilots used sick leave, not on the military leave itself.
• Reservists with questions about pension credit or vacation accrual during military leave should check their contract and ask their union.

Sources

• Law360 — High Court Turns Away Delta Pilots’ Military Leave Bias Suit
• HRD America — Delta Air Lines defeats pilots’ USERRA claims in federal appeal