Darren Kossen v. Asia Pacific Airlines, et al.

a whistleblower to prove causation by a “preponderance of evidence” when it has always been only meet the prima facia burden by “any circumstantial evidence” and then the burden shifts to the employer’s much higher burden of proof by “clear and convincing evidence” that the employer would have fired him anyway having nothing to do with his whistleblowing?

1. Is a federal administrative hearing ALJ bound by res judicata/law of the case/pre-emption at the trial by an unappealed state decision against an employer on the central issue between the same parties?

2. Does publication and admission of a deposition into evidence at a trial also admit into evidence exhibits numbered, provided at, and discussed during the deposition, if not specifically excluded by the judge or introducing party at the trial?

3. Should federal administrative hearings allow liberal admission of relevant evidence?

4. Does the AIR-21 lawsuit statute of limitations toll for whistleblowers passed over for promotions in favor of new, unqualified, and uncertified employees when the employer has rolling hiring/promoting anytime employer promotions, because the whistleblower is passed over every time and only the last time ends the tolling?