Late today the 7th Circuit Court of Appeals ruled against GoJet in its appeal in the case of Cloutier v. GoJet and even sent the case back down for the District Court to increase the damages award. Cloutier v. Gojet. In its 46 page opinion the unanimous court went through each of GoJet's appellate arguments and painstakingly explained why GoJet was wrong on the facts and the law.

The pilot began medical leave for type II diabetes that required at the time that the pilot be on the medicine for 60 days and to then submit medical reports and tests to the FAA for approval. A process that would take about 75 days. GoJet was required to provide any employee taking FMLA leave with a number of notices explaining to him his rights and responsibilities, how much leave he had available and other things. GoJet only approved an amount of leave less than the FAA's required protocol. Cloutier informed GoJet no less than 4 times that the approved leave would not be enough and that he could not return until near the end of August. GoJet ignored the information and never extended the leave or inform him that they were denying the leave. In fact, the evidence had shown that shortly after Cloutier began medical leave the VP of Operations, Steve Briner emailed Base Manager Tracey Ryan and the new Chief Pilot, Randy Bratcher, : "I do not want you to reach out to this man again either via phone or e-mail. Let Randy know the instant you are back in the office if he calls or sends an e-mail, so we can all discuss. After his [FMLA leave] ends, our intent is to terminate his employment for noncompliance with the law. Steve. Ryan acknowledged with a reply: “Will do – thank you.” The 3 followed the conspiracy and ignored his communications. When he did not return at the end of the shortened approved leave because the FAA had yet to approve his medical, they terminated him.