Category: Preemption – ADA

Customer’s early boarding fee claim eludes airline’s ADA preemption defense

January 23, 2021

Klutho v. Southwest Airlines Co. (E.D. Mo. Nov. 13, 2020).  In his state court class action complaint, the plaintiff alleged that Southwest had canceled his flight and rebooked him on another flight but did not refund the fee he had paid for “EarlyBird Check-In” on the canceled flight, requiring him to pay an additional fee … More Customer’s early boarding fee claim eludes airline’s ADA preemption defense

Ninth Circuit affirms dismissal of customer’s claims arising from malware attack

October 10, 2020

McGarry v. Delta Air Lines, Inc. (9th Cir. July 17, 2020).  Through a malware attack, hackers accessed credit and debit card information, mailing addresses and other personal information of users of Delta’s website.  One user brought a class action complaint against Delta and [24]7, “a chat service that Delta retained to interact with customers through … More Ninth Circuit affirms dismissal of customer’s claims arising from malware attack

Federal court rejects tour operator’s ADA preemption defense in case involving river cruise

July 31, 2020

Hebert v. Vantage Travel Service, Inc. (D. Mass. Mar. 12, 2020).  According to the aggrieved passengers/plaintiffs, after their river cruise boat was disabled by a mechanical failure during a trip in Germany, the tour operator made unacceptable itinerary, lodging and dining changes, including providing a “cafeteria style buffet dinner at the hotel with food leftover … More Federal court rejects tour operator’s ADA preemption defense in case involving river cruise

ADA preempts father’s claims against airline for allowing son to travel without parental permission

February 2, 2020

Edwards v. Southwest Airlines Co. (S.D. Ohio Jan. 28, 2020).  As a ruse, the plaintiff’s 14-year-old son asked his grandfather to go to Starbucks to get him a Frappuccino, according to the complaint.  With his grandfather out of the house, the teen headed to the Columbus airport, intent on boarding a Southwest flight to New … More ADA preempts father’s claims against airline for allowing son to travel without parental permission

Appeals court enforces air waybill liability limit in case alleging injury to exotic cat

July 15, 2018

Lentini v. Delta Air Lines, Inc. (NY App. Div. 2nd Dept. Mar. 14, 2018).  The plaintiff, a New York resident, had purchased a “Savannah silver spotted kitten” from a Florida kennel for $2,300.  She planned to train “Prince Maddox” to compete in “cat shows where he would have been eligible to win prizes upwards of … More Appeals court enforces air waybill liability limit in case alleging injury to exotic cat

Federal appeals court rules that “nonrefundable” means . . . nonrefundable

March 8, 2018

Martin v. United Airlines, Inc. (10th Cir. Feb. 21, 2018).  After buying several “nonrefundable” tickets via United’s website, the customers/plaintiffs, a married couple, canceled their reservations before the ticketed departure dates.  They alleged they attempted, without success, to make new reservations within the one-year deadline set forth in United’s Contract of Carriage for booking a new … More Federal appeals court rules that “nonrefundable” means . . . nonrefundable

Court grants airline’s motion to dismiss boarding discrimination claims

December 22, 2017

Shin v. American Airlines Group, Inc. (E.D.N.Y. Aug. 3, 2017).  The customer/plaintiff alleged that American “dramatically” refused to allow him to board a flight from DFW to Corpus Christi, Texas, “[f]or the mere fact that the Plaintiff was Korean-American,” while allowing white customers to board the flight.  In his complaint, the plaintiff alleged claims under … More Court grants airline’s motion to dismiss boarding discrimination claims

Court enforces conditions of carriage in missing jewelry lawsuit

July 10, 2017

Hekmat v. U.S. Transportation Security Administration and JetBlue Airways Corporation (S.D.N.Y. Mar. 29, 2017).  Before her flight from JFK to LAX, the passenger/plaintiff packed eight rings worth over $95,000 in her “Rimowa hard shell suitcase with integrated lock system,” which she then checked with JetBlue.  After retrieving the bag at LAX, the plaintiff “immediately” opened … More Court enforces conditions of carriage in missing jewelry lawsuit

ADA preempts passenger’s negligence claims arising from impact with video monitor

March 5, 2017

Fawemimo v. American Airlines, Inc. (S.D.N.Y. Jan. 30, 2017).  While approaching her seat on a flight from JFK to LAX, the passenger/plaintiff hit her head on a video monitor mounted on a bulkhead wall of the 767 aircraft.  The plaintiff alleged in her pro se state court complaint against American that the monitor was “reckless … More ADA preempts passenger’s negligence claims arising from impact with video monitor

Air cargo carrier enforces contractual liability limitation against shipper’s claim

October 28, 2016

Golden Hawk Metallurgical, Inc. v. Federal Express Corporation (E.D. Mich. Oct. 4, 2016).  The plaintiff, a metal refinery, shipped two packages to its customers via FedEx.  According to the plaintiff, the packages contained gold and diamonds valued over $33,000, but the plaintiff did not declare any value for either shipment.  The plaintiff alleged that FedEx … More Air cargo carrier enforces contractual liability limitation against shipper’s claim