News & Analysis as of

Airline Deregulation Act

Ninth Circuit Holds Airline Deregulation Act Does Not Bar Putative Class Action Claims to Recover $15 Baggage Fees

by Lane Powell PC on

Airlines work hard to make sure passengers’ checked baggage arrives on time, but that’s not always possible. Traditionally, the federal Airline Deregulation Act preempts state laws “related to a price, route, or service of an...more

The Answers to Some of Your Questions About What Airlines Can Do When a Flight is Overbooked and Someone Is Going to Have to Get...

Suddenly, the entire world is interested in learning about the laws governing airlines’ actions when a flight is overbooked. It isn’t every day that the entire world suddenly wants to learn all about something that you’ve...more

US Court of Appeals for the Second Circuit Rules Federal Law Preempts Local Airport Regulations

by Nexsen Pruet, PLLC on

“Noise policy must be carried out at the national level.” So says the United States Court of Appeals for the Second Circuit, in overruling the Town of East Hampton’s attempt to locally control airport noise. The Second...more

Eighth Circuit Confirms Split in Airline Deregulation Act Pre-emption

by Nexsen Pruet, PLLC on

The U.S. Court of Appeals for the Eighth Circuit has set up a circuit split for the U.S. Supreme Court in Watson v. Air Methods Corp., 834 F.3d 891 (8th Cir. 2016). In Watson, the Eight Circuit affirmed its precedent...more

California Court of Appeal Finds AG’s Privacy Suit Over Fly Delta Mobile App Is Preempted

In a recent ruling, California’s Court of Appeal unanimously affirmed the dismissal of California’s complaint against Delta Air Lines, Inc. (“Delta”), which alleged that the company’s Fly Delta mobile application violated...more

Now You See Them—Now You Don’t: The Magic of Using FAAAA Preemption to Make a Plaintiff’s State Law Claims Disappear

by Benesch on

Magic makes the impossible possible. Federal preemption aims at a similarly lofty goal. After all, the power to preempt a plaintiff’s state law claims is the power to transform a plaintiff’s entire case in a radical and...more

Airline Industry Alert: Court Finds Airline Deregulation Act Does Not Preempt Miami-Dade County's Living Wage Ordinance

by FordHarrison on

On September 21, 2015, the U.S. Court of Appeals for the Eleventh Circuit held that the Airline Deregulation Act (ADA) does not preempt Miami-Dade County's Living Wage Ordinance (LWO). Amerijet Int'l, Inc. v. Miami-Dade...more

Recent Federal Court Rulings Favor Airlines in Frequent-Flyer Cases

by Holland & Knight LLP on

In April 2014, the U.S. Supreme Court held that the Airline Deregulation Act (ADA) preempted a frequent flyer program member's common law claim for breach of the implied covenant of good faith and fair dealing because the...more

Seventh Circuit Offers No Relief for United Airlines' "Million Milers"

by Foley & Lardner LLP on

For years United Airlines has asked its customers to “Fly the Friendly Skies,” but a dispute with one of its frequent flyers turned decidedly unfriendly and became the subject of a recent case before the Seventh Circuit in...more

The Supreme Court’s Ginsberg Decision Could Significantly Affect the Outcome of Motor Carrier Preemption Cases

by Littler on

In a unanimous decision, the U.S. Supreme Court recently held that the Airline Deregulation Act (ADA) can preempt even common law claims for breach of the implied covenant of good faith and fair dealing if such claims relate...more

U.S. Supreme Court Unanimously Reverses Ninth Circuit in Northwest, Inc. v. Ginsberg, Holding ADA Preempts State-Imposed Fair...

by Holland & Knight LLP on

The U.S. Supreme Court unanimously holds that the Airline Deregulation Act (ADA) preempts a state-law claim for breach of the implied covenant of good faith and fair dealing where it seeks to enlarge the parties' voluntary...more

First Circuit Affirms Dismissal of Parental Child Abduction Case on ADA Preemption Grounds

by Holland & Knight LLP on

In a significant decision for the airline industry, the U.S. Court of Appeals for the First Circuit affirmed the district court's summary judgment dismissal of common law tort claims against an airline arising out of a...more

In Latest Massachusetts Skycap Case, First Circuit Holds That ADA Preempts Common Law Claims

by Holland & Knight LLP on

Resolving an issue of first impression, the U.S. Court of Appeals for the First Circuit in Brown v. United Airlines, Inc. affirmed the district court's holding that common law claims, like statutory claims, are subject to...more

U.S. Supreme Court Grants Certiorari on Significant Aviation Issues

by Holland & Knight LLP on

This spring, the U.S. Supreme Court granted certiorari to review two decisions that significantly affect the aviation industry, namely airline immunity under the Aviation and Transportation Security Act (ATSA) and preemption...more

NY State Appellate Court Sides with Airlines, Dismisses Tarmac Delay-Related Claims

The Second Department in Biscone v. JetBlue Airways Corporation recently dismissed airline passengers’ tort claims against an airline based on the failure to provide food, water and facilities during an 11-hour tarmac delay,...more

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